Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero. (d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Long Beach Securities Corp), Pooling and Servicing Agreement (Long Beach Securities Corp), Pooling and Servicing Agreement (New Century Mortgage Securities LLC)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Officer’s Certificate delivered to the NIMS Insurer 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 If on any Distribution Date after giving effect to all Realized Losses on incurred with respect to the Mortgage Loans allocated during or prior to any REMIC II Regular the related Due Period and distributions of principal with respect to the Class A Certificates and the Mezzanine Certificates on such Distribution Date, the Uncertificated Principal Balance of the Class C Interest pursuant is equal to Section 4.04(c)zero, Realized Losses equal to the Undercollateralized Amount shall be allocated by the Trustee on each such Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE M‑11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, second, to the Class M-3 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, third, to the Class M-2 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, fourth, to the Class M-1 M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and zero, fifth, to the Class M‑7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class A-2 M‑6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, seventh, to the Class M‑5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, eighth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ninth, to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero, tenth, to the Class M‑2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, and eleventh, to the Class M‑1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes the Mezzanine Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided abovein Section 4.01. All references above to the Certificate Principal Balance of any Class of the Mezzanine Certificates shall be to the Certificate Principal Balance of such Class the Mezzanine Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized LossesLosses or increase thereof by any Subsequent Recoveries, in each case to be allocated to such Class of Certificates, Mezzanine Certificates on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used hereinAny Realized Losses that reduce the distributions in respect of and/or the Uncertificated Principal Balance of the Class C Interest, an allocation shall be allocated by the Trustee to reduce the distributions in respect of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among and/or 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 Balance of the Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced therebyC Certificates.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 1 Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to IX. If the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I 1 Regular Interest I-LT6 IX has been reduced to zero; fourth, Realized Losses on the Group I Mortgage Loans shall be allocated to the Uncertificated Balances of remaining REMIC 1 Group I Regular Interest I-LT1Interests in ascending numerical order, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, in each case until the Uncertificated Principal Balance of such REMIC I 1 Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All . Realized Losses on the REMIC Group II Regular Interests Mortgage Loans shall be allocated by the Trustee on each Distribution Date among to REMIC 1 Regular Interest IIX. If the Uncertificated Principal Balance of REMIC 1 Regular Interest IIX has been reduced to zero, Realized Losses on the Group II Mortgage Loans shall be allocated to the remaining REMIC 1 Group II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balancesascending numerical order, in each case prior until the Uncertificated Principal Balance of such REMIC 1 Regular Interest has been reduced to giving effect to distributions to be made on such Distribution Datezero.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-8), Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-7), Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-6)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination 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 Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trustee Trust Administrator by the Master Servicer prior to not later than the Determination 18th of the calendar month in which such Distribution Date occurs (or, if such 18th day is not a Business Day (other than a Saturday), then on the next succeeding Business Day, or, if such 18th day is a Saturday, then on the preceding Business Day), 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to Net Swap Payments received under the Interest Rate Swap Agreement, third, to payments received under the Cap Contract, fourth, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdfifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelvth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourththirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All With respect to the REMIC I Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated shall be allocated by the Trust Administrator on each Distribution Date to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-43-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) With respect to the REMIC II Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM10 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM9 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM8 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM7 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM7 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM6 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM6 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero; and twelfth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO PropertyProperty serviced by it: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination 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 Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report (in form and format reasonably required and mutually agreed upon by Servicer and Master Servicer) or evidenced by an Officers' ’ Certificate delivered to the Trustee Trust Administrator 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, in the following order of priority:
(i) to Net Monthly Excess Cashflow; second, ;
(ii) to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third;
(iii) to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(iv) to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(v) to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vi) to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vii) to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(viii) to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(ix) to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(x) to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, ;
(xi) to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, and
(xii) to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Group I Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest I until the Uncertificated Balance of such REMIC I Regular Interest has been reduced to zero and second, to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-60-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest II until the Uncertificated Balance of such REMIC I Regular Interest has been reduced to zero and second, to REMIC I Regular Interest II-1-A through REMIC I Regular Interest II-60-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) The REMIC II Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM10 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM8 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM7 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM7 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM6 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM6 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero and twelfth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc2), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc3)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; , second, to interest accrued on the Class CE-1 Certificates, third, to the Class CE CE-1 Certificates, until the Certificate Principal Balance thereof of the Class CE-1 Certificates has been reduced to zero; third, fourth, to the Class CE-2 Certificates, until the Certificate Principal Balance of the Class CE-2 Certificates has been reduced to zero, fifth, to the Class M-10 Certificates until the Certificate Principal Balance of the Class M-10 Certificates has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance of the Class M-9 Certificates has been reduced to zero, seventh, to the Class M-8 Certificates until the Certificate Principal Balance of the Class M-8 Certificates has been reduced to zero, eighth, to the Class M-7 Certificates until the Certificate Principal Balance of the Class M-7 Certificates has been reduced to zero, ninth, to the Class M-6 Certificates until the Certificate Principal Balance of the Class M-6 Certificates has been reduced to zero, tenth, to the Class M-5 Certificates until the Certificate Principal Balance of the Class M-5 Certificates has been reduced to zero, eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero, twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof of the Class M-3 Certificates has been reduced to zero; fourth, thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof of the Class M-2 Certificates has been reduced to zero; fifthzero and thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to of the Class A-2 Certificates, until the Certificate Principal Balance thereof M-1 Certificates has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, CE-1 Certificate or Class CE-2 Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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.
(ca) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of such REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixthsecond, to the Uncertificated Balances of REMIC I Regular Interest II-1-LT1, A through REMIC I Regular Interest II-48-LT3 and B, starting with the lowest numerical denomination until such REMIC I Regular Interest I-LT7has been reduced to zero, ___%provided that, ___% and ___%for REMIC I Regular Interests with the same numerical denomination, respectivelysuch Realized Losses shall be allocated PRO RATA between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest II until the Uncertificated Balance of such REMIC I Regular Interest Ihas been reduced to zero and second, to REMIC I Regular Interest II-1-LT3 A through REMIC I Regular Interest II-48-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the provided that, for REMIC I Regular Interests (other than with the same numerical denomination, such Realized Losses shall be allocated PRO RATA between such REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateInterests.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (New Century Mortgage Securities LLC), Pooling and Servicing Agreement (New Century Mortgage Securities Inc)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' ’ Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class B-2 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class B-1 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-7 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthtwelfth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 B Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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.
(ci) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTB2 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTB2 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTB1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTB1 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM9 has been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1%, and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM4 has been reduced to zero; fourtheleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM3 has been reduced to zero; fifthtwelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM2 has been reduced to zero and sixththirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2005-A), Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2005-A)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthseventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand eighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xxii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date as follows:
(i) The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1I- LTAA, REMIC I Regular Interest I-LT6 LTM6 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM6 has been reduced to zero; fourth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1%, and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; fifth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I- LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM4 has been reduced to zero; fourth, sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM3 has been reduced to zero; fifth, seventh to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM2 has been reduced to zero and sixth, eighth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero.
(dii) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (New Century Mort Sec Inc Home Equity Ln Tr Se 2003 B), Pooling and Servicing Agreement (New Century Mortgage Sec Home Equity Loan Ser 2003-4)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Date, the Master Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in 101 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 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA Pro Rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA Pro Rata basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA Pro Rata basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Boardwalk Mortgage Securities Inc.), Pooling and Servicing Agreement (Park Place Securities, Inc.)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Officer’s Certificate delivered to the NIMS Insurer 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 If on any Distribution Date after giving effect to all Realized Losses on incurred with respect to the Mortgage Loans allocated during or prior to any REMIC II Regular the related Due Period and distributions of principal with respect to the Class A Certificates and the Mezzanine Certificates on such Distribution Date, the Uncertificated Principal Balance of the Class C Interest pursuant is equal to Section 4.04(c)zero, Realized Losses equal to the Undercollateralized Amount shall be allocated by the Trustee on each such Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, :
(i) to the Class CE M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, ;
(ii) to the Class M-3 M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth,
(iii) to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(iv) to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(v) to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vi) to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vii) to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero;
(viii) to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, and
(ix) to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes the Mezzanine Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided abovein Section 4.01. All references above to the Certificate Principal Balance of any Class of the Mezzanine Certificates shall be to the Certificate Principal Balance of such Class the Mezzanine Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized LossesLosses or increase thereof by any Subsequent Recoveries, in each case to be allocated to such Class of Certificates, Mezzanine Certificates on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used hereinAny Realized Losses that reduce the distributions in respect of and/or the Uncertificated Principal Balance of the Class C Interest, an allocation shall be allocated by the Trustee to reduce the distributions in respect of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among and/or 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 Balance of the Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced therebyC Certificates.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 1 Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to IX. If the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I 1 Regular Interest I-LT6 IX has been reduced to zero; fourth, Realized Losses on the Group I Mortgage Loans shall be allocated to the Uncertificated Balances of remaining REMIC 1 Group I Regular Interest I-LT1Interests in ascending numerical order, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, in each case until the Uncertificated Principal Balance of such REMIC I 1 Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All . Realized Losses on the REMIC Group II Regular Interests Mortgage Loans shall be allocated by the Trustee on each Distribution Date among to REMIC 1 Regular Interest IIX. If the Uncertificated Principal Balance of REMIC 1 Regular Interest IIX has been reduced to zero, Realized Losses on the Group II Mortgage Loans shall be allocated to the remaining REMIC 1 Group II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balancesascending numerical order, in each case prior until the Uncertificated Principal Balance of such REMIC 1 Regular Interest has been reduced to giving effect to distributions to be made on such Distribution Datezero.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He2), Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He2)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination 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 Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trustee Trust Administrator by the Master Servicer prior to not later than the Determination 18th of the calendar month in which such Distribution Date occurs (or, if such 18th day is not a Business Day (other than a Saturday), then on the next succeeding Business Day, or, if such 18th day is a Saturday, then on the preceding Business Day), 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, in the following order of priority:
(i) to Net Monthly Excess Cashflow; second, ;
(ii) to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third;
(iii) to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(iv) to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(v) to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vi) to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vii) to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(viii) to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(ix) to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(x) to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(xi) to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, ;
(xii) to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, and
(xiii) to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Group I Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest I until the Uncertificated Balance of such REMIC I Regular Interest has been reduced to zero and second, to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-60-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest II until the Uncertificated Balance of such REMIC I Regular Interest has been reduced to zero and second, to REMIC I Regular Interest II-1-A through REMIC I Regular Interest II-60-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) The REMIC II Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, :
(i) to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, ;
(ii) to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, ;
(iii) to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM11 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM11 has been reduced to zero; fourth, ;
(iv) to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM10 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM10 has been reduced to zero; fifth, ;
(v) to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM9 has been reduced to zero and sixth, zero;
(vi) to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM8 has been reduced to zero;
(vii) to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM7 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM7 has been reduced to zero;
(viii) to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM6 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM6 has been reduced to zero;
(ix) to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero;
(x) to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to zero;
(xi) to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero;
(xii) to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero and
(xiii) to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Nc3), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Nc2)
Allocation of Realized Losses. (a) Prior to each the Determination Date, the Master Servicer shall determine as to each Mortgage Loan serviced by the Servicer and any related REO PropertyProperty and include in the monthly remittance report provided to the Master Servicer and the Securities Administrator pursuant to the Servicing Agreement such information as is reasonably available to the Servicer as the Master Servicer or the Securities Administrator may reasonably require so as to enable the Master Servicer to master service the Mortgage Loans and oversee the servicing by the Servicer and the Securities Administrator to fulfill its obligations hereunder with respect to securities and tax reporting, which shall include, but not be limited to: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), 5.04(c) on the Mortgage Loans shall be allocated by the Trustee Securities Administrator on each Distribution Date as follows: first, to Net Monthly Excess CashflowCashflow and to Net Swap Payments received from the Swap Provider under the Swap Agreement for that purpose; second, to the Class CE Certificates; third, to the Class M-11 Certificates, until the Certificate Principal Balance thereof of the Class M-11 Certificates has been reduced to zero; thirdfourth, to the Class M-10 Certificates, until the Certificate Principal Balance of the Class M-10 Certificates has been reduced to zero; fifth, to the Class M-9 Certificates, until the Certificate Principal Balance of the Class M-9 Certificates has been reduced to zero; sixth, to the Class M-8 Certificates, until the Certificate Principal Balance of the Class M-8 Certificates has been reduced to zero; seventh, to the Class M-7 Certificates, until the Certificate Principal Balance of the Class M-7 Certificates has been reduced to zero; eighth, to the Class M-6 Certificates, until the Certificate Principal Balance of the Class M-6 Certificates has been reduced to zero; ninth, to the Class M-5 Certificates, until the Certificate Principal Balance of the Class M-5 Certificates has been reduced to zero; tenth, to the Class M-4 Certificates, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero; eleventh, to the Class M-3 Certificates, until the Certificate Principal Balance thereof of the Class M-3 Certificates has been reduced to zero; fourth, twelfth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof of the Class M-2 Certificates has been reduced to zero; fifthand thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to of the Class A-2 Certificates, until the Certificate Principal Balance thereof M-1 Certificates has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x5.01(c)(7)(viii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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 the, Certificates of such Class in proportion to the Percentage Interests evidenced thereby. In addition, in the event that the Servicer receives any Subsequent Recoveries with respect to a Mortgage Loan serviced by it, the Servicer shall deposit such funds into the Collection Account pursuant to the Servicing Agreement. If, after taking into account such Subsequent Recoveries, the amount of a Realized Loss is reduced, the amount of such Subsequent Recoveries will be applied to increase the Certificate Principal Balance of the Class of Subordinate Certificates with the highest payment priority to which Realized Losses have been allocated, but not by more than the amount of Realized Losses previously allocated to that Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(c)(7). The amount of any remaining Subsequent Recoveries will be applied to sequentially increase the Certificate Principal Balance of the Subordinate Certificates, beginning with the Class of Subordinate Certificates with the next highest payment priority, up to the amount of such Realized Losses previously allocated to such Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(c)(7)(iii). Holders of such Certificates will not be entitled to any payment in respect of current interest on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Principal Balance of each Subordinate Certificate of such Class in accordance with its respective Percentage Interest.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of such REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixthsecond, to the Uncertificated Balances of REMIC I Regular Interest II-1-LT1, A through REMIC I Regular Interest II-46-LT3 and B, starting with the lowest numerical denomination until such REMIC I Regular Interest I-LT7has been reduced to zero, ___%provided that, ___% and ___%for REMIC I Regular Interests with the same numerical denomination, respectivelysuch Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest II until the Uncertificated Balance of such REMIC I Regular Interest Ihas been reduced to zero and second, to REMIC I Regular Interest II-1-LT3 A through REMIC I Regular Interest II-46-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the provided that, for REMIC I Regular Interests (other than with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateInterests.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Cw1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Officer’s Certificate delivered to the NIMS Insurer 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 If on any Distribution Date after giving effect to all Realized Losses on incurred with respect to the Mortgage Loans allocated during or prior to any REMIC II Regular the related Due Period and distributions of principal with respect to the Class A Certificates, the Mezzanine Certificates and the Class B Certificates on such Distribution Date, the Uncertificated Principal Balance of the Class C Interest pursuant is equal to Section 4.04(c)zero, Realized Losses equal to the Undercollateralized Amount shall be allocated by the Trustee on each such Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE B Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, second, to the Class M-3 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, third, to the Class M-2 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, fourth, to the Class M-1 M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and zero, fifth, to the Class M‑7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class A-2 M‑6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, seventh, to the Class M‑5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, eighth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ninth, to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero, tenth, to the Class M‑2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, and eleventh, to the Class M‑1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes the Mezzanine Certificates and the Class B Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided abovein Section 4.01. All references above to the Certificate Principal Balance of any the Mezzanine Certificates and the Class of B Certificates shall be to the Certificate Principal Balance of such the Mezzanine Certificates and the Class B Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized LossesLosses or increase thereof by any Subsequent Recoveries, in each case to be allocated to such Mezzanine Certificates and the Class of Certificates, B Certificates on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Mezzanine Certificate or a Mezzanine Class B Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used hereinAny Realized Losses that reduce the distributions in respect of and/or the Uncertificated Principal Balance of the Class C Interest, an allocation shall be allocated by the Trustee to reduce the distributions in respect of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among and/or 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 Balance of the Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced therebyC Certificates.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 1 Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to IX. If the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I 1 Regular Interest I-LT6 IX has been reduced to zero; fourth, Realized Losses on the Group I Mortgage Loans shall be allocated to the Uncertificated Balances of remaining REMIC 1 Group I Regular Interest I-LT1Interests in ascending numerical order, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, in each case until the Uncertificated Principal Balance of such REMIC I 1 Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All . Realized Losses on the REMIC Group II Regular Interests Mortgage Loans shall be allocated by the Trustee on each Distribution Date among to REMIC 1 Regular Interest IIX. If the Uncertificated Principal Balance of REMIC 1 Regular Interest IIX has been reduced to zero, Realized Losses on the Group II Mortgage Loans shall be allocated to the remaining REMIC 1 Group II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balancesascending numerical order, in each case prior until the Uncertificated Principal Balance of such REMIC 1 Regular Interest has been reduced to giving effect to distributions to be made on such Distribution Datezero.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-9), Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-10)
Allocation of Realized Losses. (a) Prior to each the Determination Date, the Master Servicer shall determine as to each Mortgage Loan serviced by the Servicer and any related REO PropertyProperty and include in the monthly remittance report provided to the Master Servicer and the Securities Administrator (substantially in the form of Schedule 4 hereto) such information as is reasonably available to the Servicer as the Master Servicer or the Securities Administrator may reasonably require so as to enable the Master Servicer to master service the Mortgage Loans and oversee the servicing by the Servicer and the Securities Administrator to fulfill its obligations hereunder with respect to securities and tax reporting, which shall include, but not be limited to: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), 5.04(c) on the Mortgage Loans shall be allocated by the Trustee Securities Administrator on each Distribution Date as follows: first, to Net Monthly Excess CashflowCashflow and to Net Swap Payments received from the Swap Provider under the Swap Agreement for that purpose; second, to the Class CE Certificates; third, to the Class M-11 Certificates, until the Certificate Principal Balance thereof of the Class M-11 Certificates has been reduced to zero; thirdfourth, to the Class M-10 Certificates, until the Certificate Principal Balance of the Class M-10 Certificates has been reduced to zero; fifth, to the Class M-9 Certificates, until the Certificate Principal Balance of the Class M-9 Certificates has been reduced to zero; sixth, to the Class M-8 Certificates, until the Certificate Principal Balance of the Class M-8 Certificates has been reduced to zero; seventh, to the Class M-7 Certificates, until the Certificate Principal Balance of the Class M-7 Certificates has been reduced to zero; eighth, to the Class M-6 Certificates, until the Certificate Principal Balance of the Class M-6 Certificates has been reduced to zero; ninth, to the Class M-5 Certificates, until the Certificate Principal Balance of the Class M-5 Certificates has been reduced to zero; tenth, to the Class M-4 Certificates, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero; eleventh, to the Class M-3 Certificates, until the Certificate Principal Balance thereof of the Class M-3 Certificates has been reduced to zero; fourth, twelfth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof of the Class M-2 Certificates has been reduced to zero; fifthand thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to of the Class A-2 Certificates, until the Certificate Principal Balance thereof M-1 Certificates has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x5.01(c)(7)(viii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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 the, Certificates of such Class in proportion to the Percentage Interests evidenced thereby. In addition, in the event that the Servicer receives any Subsequent Recoveries with respect to a Mortgage Loan serviced by it, the Servicer shall deposit such funds into the Collection Account pursuant to Section 3.08. If, after taking into account such Subsequent Recoveries, the amount of a Realized Loss is reduced, the amount of such Subsequent Recoveries will be applied to increase the Certificate Principal Balance of the Class of Subordinate Certificates with the highest payment priority to which Realized Losses have been allocated, but not by more than the amount of Realized Losses previously allocated to that Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(c)(7). The amount of any remaining Subsequent Recoveries will be applied to sequentially increase the Certificate Principal Balance of the Subordinate Certificates, beginning with the Class of Subordinate Certificates with the next highest payment priority, up to the amount of such Realized Losses previously allocated to such Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(c)(7)(iii). Holders of such Certificates will not be entitled to any payment in respect of current interest on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Principal Balance of each Subordinate Certificate of such Class in accordance with its respective Percentage Interest.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of such REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixthsecond, to the Uncertificated Balances of REMIC I Regular Interest II-1-LT1, A through REMIC I Regular Interest II-39-LT3 and B, starting with the lowest numerical denomination until such REMIC I Regular Interest I-LT7has been reduced to zero, ___%provided that, ___% and ___%for REMIC I Regular Interests with the same numerical denomination, respectivelysuch Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest II until the Uncertificated Balance of such REMIC I Regular Interest Ihas been reduced to zero and second, to REMIC I Regular Interest II-1-LT3 A through REMIC I Regular Interest II-39-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the provided that, for REMIC I Regular Interests (other than with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateInterests.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting Date immediately following the 105 end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-4 Interest, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthfifth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date, to REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT3, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the 106 Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM4 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM4 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM3 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM3 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM2 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM2 has been reduced to zero zero; and sixth, sixth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM1 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset BCKD Ps THR Cert Ser 2002-Ar1), Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset BCKD Ps THR Cert Ser 2002-Ar1)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master each Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Distribution Date, the Master each Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient Valuations made during the related Prepayment Period 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 each Servicer shall be either included in the related Remittance Report (in form and format reasonably required and mutually agreed upon by the Servicers and the Master Servicer) or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Master related Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Interest Distribution Amount for the Class CE-1 Certificates for the related Interest Accrual Period; second, to payments received under the Interest Rate Cap Agreement, third, to the Class CE CE-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdfourth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthtwelfth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, CE-1 Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM9 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM8 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM8 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM7 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM7 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(d) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE CertificatesInterest, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, M-5 Interest until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 CertificatesM-4 Interest, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-3 Interest, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixthseventh, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Interest shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xiv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P CertificatesInterest. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM5 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM5 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM4 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM4 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM3 and REMIC I Regular Interest I-LT7I- LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM3 has been reduced to zero and sixth, zero; sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM2 has been reduced to zero; and seventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc), Pooling and Servicing Agreement (Salomon Broth Mort Sec Vii Inc Citi Hm Eq Ln Tr Se 2003-He1)
Allocation of Realized Losses. (a) Prior to each the Determination Date, the Master Servicer shall determine as to each Mortgage Loan serviced by the Servicer and any related REO PropertyProperty and include in the monthly remittance report provided to the Master Servicer and the Securities Administrator (substantially in the form of Schedule 4 hereto) such information as is reasonably available to the Servicer as the Master Servicer or the Securities Administrator may reasonably require so as to enable the Master Servicer to master service the Mortgage Loans and oversee the servicing by the Servicer and the Securities Administrator to fulfill its obligations hereunder with respect to securities and tax reporting, which shall include, but not be limited to: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), 5.04(c) on the Mortgage Loans shall be allocated by the Trustee Securities Administrator on each Distribution Date as follows: first, to Net Monthly Excess CashflowCashflow and to Net Swap Payments received from the Swap Provider under the Swap Agreement for that purpose; second, to the Class CE Certificates; third, to the Class M-9 Certificates, until the Certificate Principal Balance thereof of the Class M-9 Certificates has been reduced to zero; thirdfourth, to the Class M-8 Certificates, until the Certificate Principal Balance of the Class M-8 Certificates has been reduced to zero; fifth, to the Class M-7 Certificates, until the Certificate Principal Balance of the Class M-7 Certificates has been reduced to zero; sixth, to the Class M-6 Certificates, until the Certificate Principal Balance of the Class M-6 Certificates has been reduced to zero; seventh, to the Class M-5 Certificates, until the Certificate Principal Balance of the Class M-5 Certificates has been reduced to zero; eighth, to the Class M-4 Certificates, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero; ninth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof of the Class M-3 Certificates has been reduced to zero; fourth, tenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof of the Class M-2 Certificates has been reduced to zero; fifthand eleventh, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to of the Class A-2 Certificates, until the Certificate Principal Balance thereof M-1 Certificates has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x5.01(c)(7)(viii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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 the, Certificates of such Class in proportion to the Percentage Interests evidenced thereby. In addition, in the event that the Servicer receives any Subsequent Recoveries with respect to a Mortgage Loan serviced by it, the Servicer shall deposit such funds into the Collection Account pursuant to Section 3.08. If, after taking into account such Subsequent Recoveries, the amount of a Realized Loss is reduced, the amount of such Subsequent Recoveries will be applied to increase the Certificate Principal Balance of the Class of Mezzanine Certificates with the highest payment priority to which Realized Losses have been allocated, but not by more than the amount of Realized Losses previously allocated to that Class of Mezzanine Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Mezzanine Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(c)(7)(iii) or Net Swap Payments pursuant to clause fourth of Section 5.01(e). The amount of any remaining Subsequent Recoveries will be applied to sequentially increase the Certificate Principal Balance of the Mezzanine Certificates, beginning with the Class of Mezzanine Certificates with the next highest payment priority, up to the amount of such Realized Losses previously allocated to such Class of Mezzanine Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Mezzanine Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(c)(7)(iii) or with Net Swap Payments pursuant to clause fourth of Section 5.01(e). Holders of such Certificates will not be entitled to any payment in respect of current interest on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Principal Balance of each Subordinate Certificate of such Class in accordance with its respective Percentage Interest.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of such REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixthsecond, to the Uncertificated Balances of REMIC I Regular Interest II-1-LT1, A through REMIC I Regular Interest II-54-LT3 and B, starting with the lowest numerical denomination until such REMIC I Regular Interest I-LT7has been reduced to zero, ___%provided that, ___% and ___%for REMIC I Regular Interests with the same numerical denomination, respectivelysuch Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest II until the Uncertificated Balance of such REMIC I Regular Interest Ihas been reduced to zero and second, to REMIC I Regular Interest II-1-LT3 A through REMIC I Regular Interest II-54-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the provided that, for REMIC I Regular Interests (other than with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateInterests.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-Asap1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' ’ Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-8 Certificates until the Certificate Principal Balance has been reduced to zero; fifth to the Class M-7 Certificates until the Certificate Principal Balance has been reduced to zero; sixth, Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fiftheighth, to the Class M-1 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, tenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixtheleventh, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(v). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM9 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM9 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM8 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM8 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM7 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM7 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM6 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM6 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; eighth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; ninth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; tenth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; and eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust 2005-Nc2), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust 2005-Nc2)
Allocation of Realized Losses. (a) Prior to each the Determination Date, the Master Servicer and the Interim Servicer shall determine as to each Mortgage Loan serviced by the Servicer or the Interim Servicer and any related REO PropertyProperty and include in the monthly remittance report provided to the Master Servicer and the Securities Administrator (substantially in the form of Schedule 4 hereto) such information as is reasonably available to the Servicer and the Interim Servicer as the Master Servicer or the Securities Administrator may reasonably require so as to enable the Master Servicer to master service the Mortgage Loans and oversee the servicing by the Servicer and the Interim Servicer and the Securities Administrator to fulfill its obligations hereunder with respect to securities and tax reporting, which shall include, but not be limited to: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Date, the Master Servicer and the Interim 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), 5.04(c) on the Mortgage Loans shall be allocated by the Trustee Securities Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until [____] Certificates and to Net Swap Payments received from the Certificate Principal Balance thereof has been reduced to zeroSwap Provider under the Swap Agreement for that purpose; third, to the Class M-3 Certificates, [____] Certificates until the Certificate Principal Balance thereof of the Class [____] Certificates has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero[___]. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 [ ] Certificate or a Mezzanine Class [____] Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, [____] Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x5.01(a)(7)(viii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 [____] Certificates or the Class P [____] Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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 the, Certificates of such Class in proportion to the Percentage Interests evidenced thereby. In addition, in the event that the Servicer receives any Subsequent Recoveries with respect to a Mortgage Loan serviced by it, the Servicer shall deposit such funds into the Collection Account pursuant to Section 3.08. If, after taking into account such Subsequent Recoveries and any Subsequent Recoveries received by the Interim Servicer, the amount of a Realized Loss is reduced, the amount of such Subsequent Recoveries will be applied to increase the Certificate Principal Balance of the Class of Subordinate Certificates with the highest payment priority to which Realized Losses have been allocated, but not by more than the amount of Realized Losses previously allocated to that Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(a)(7). The amount of any remaining Subsequent Recoveries will be applied to sequentially increase the Certificate Principal Balance of the Subordinate Certificates, beginning with the Class of Subordinate Certificates with the next highest payment priority, up to the amount of such Realized Losses previously allocated to such Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(a)(7)(iii). Holders of such Certificates will not be entitled to any payment in respect of current interest on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Principal Balance of each Subordinate Certificate of such Class in accordance with its respective Percentage Interest.
(ci) All Realized Losses on the Group I Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest [___] until the Uncertificated Balance of such REMIC I Regular Interest has been reduced to [___] and second, to REMIC I Regular Interest [__] through REMIC I Regular Interest [___], starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to [___], provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest [__] until the Uncertificated Balance of such REMIC I Regular Interest has been reduced to [___] and second, to REMIC I Regular Interest II-1-A through REMIC I Regular Interest [___], starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to [___], provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(ii) The REMIC II Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trustee, based solely on the instructions of the Securities Administrator, on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest I-LT1 [____] and REMIC I II Regular Interest I-LT7 [____] up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, [___]% and [__% and 2_]%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest I-LT1 [____] and REMIC I II Regular Interest I-LT7 [____] up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, [___]% and [____]%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, [____], REMIC II Regular Interest [____] and REMIC II Regular Interest [____], [___]%, 1[___]% and 11.00%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LT6 [____] has been reduced to zero; fourth[___].
(iii) The REMIC II Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balances Balance of each REMIC I II Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ending with the designation “[____%, ]” equal to [___]% and of the aggregate Stated Principal Balance of the Mortgage Loans in the related loan group; second, to each REMIC II Regular Interest ending with the designation “[__%, respectively, until _],” so that the Uncertificated Balance of each such REMIC I II Regular Interest I-LT5 has been reduced is equal to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, [___%, __]% and of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related loan group over (y) the current Certificate Principal Balance of the Class [____%] Certificate in the related loan group (except that if any such excess is a larger number than in the preceding distribution period, respectively, until the Uncertificated Balance least amount of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the shall be applied to such REMIC II Regular Interests such that the REMIC II Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated by the Trustee on each Distribution Date among the to REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date[____].
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Ace Securities Corp), Pooling and Servicing Agreement (Ace Securities Corp)
Allocation of Realized Losses. (a) Prior to each Determination Date, the Master Servicer shall determine based solely on information provided by the related 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), ) on the Mortgage Loans shall be allocated by the Trustee Master Servicer on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; , third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Ace Securities Corp), Pooling and Servicing Agreement (Ace Securities Corp)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated or covered by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-7 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-5 Certificates until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-4 Certificates until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and sixththirteenth, concurrently, to the Class A-1 Certificates, Class A-2 Certificates, until Class A-3 Certificates and Class A-4 Certificates on a pro rata basis based on the Certificate Principal Balance thereof has of each such Class of Certificates, until their respective Certificate Principal Balances have been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 A Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vi). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM9 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM8 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM8 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM7 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM7 has been reduced to zero; seventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; eighth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; ninth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero; and thirteenth, concurrently, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Xxxxxxxx X-XXX0, X-XXX0, X-XXX0 and I-LTA4 on a pro rata basis, and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until their respective Uncertificated Balance of REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc1), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Fre1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be covered or allocated by the Trustee on each Distribution Date as follows: first, by any amounts available from the Swap Agreement for such Distribution Date pursuant to Section 4.07; second, to Net Monthly Excess CashflowCash Flow; secondthird, to the Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; fourth, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdfifth, to the Class M-10 Certificates until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-7 Certificates until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthzero and fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vi). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM10 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM9 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM8 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM8 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM7 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM7 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; ninth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; tenth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; eleventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; and twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be covered or allocated by the Trustee on each Distribution Date as follows: first, by any amounts available from the Swap Agreement for such Distribution Date pursuant to Section 4.07; second, to Net Monthly Excess CashflowCash Flow; secondthird, to the Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; fourth, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdfifth, to the Class M-13 Certificates, until the Certificate Principal Balance thereof is reduced to zero; sixth, to the Class M-12 Certificates, until the Certificate Principal Balance thereof is reduced to zero; seventh, to the Class M-11 Certificates, until the Certificate Principal Balance thereof is reduced to zero; eighth, to the Class M-10 Certificates until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-7 Certificates until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourteenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, sixteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, seventeenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero, and sixtheighteenth, concurrently, to the Class A-1 Certificates, Class A-2 Certificates, until Class A-3 Certificates, Class A-4 Certificates, Class A-5 Certificates and Class A-6 Certificates on a pro rata basis based on the Certificate Principal Balance thereof has of each such Class of Certificates, until their respective Certificate Principal Balances have been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 A Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vi). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM13 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM13 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM12 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM12 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM11 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM11 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM10 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; tenth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; eleventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; twelfth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; fourteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; fifteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero; and sixteenth, concurrently, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Xxxxxxxx X-XXX0, X-XXX0, X-XXX0, X-XXX0, X-XXX0, X-XXX0 on a pro rata basis, and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until their respective Uncertificated Balance of REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2005-Fre1)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO PropertyProperty serviced by it: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination 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 Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report (in form and format reasonably required and mutually agreed upon by Servicer and Master Servicer) or evidenced by an Officers' ’ Certificate delivered to the Trustee Trust Administrator 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and zero; sixth, to the Class A-2 M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All With respect to the REMIC I Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date first, to REMIC I Regular Interest I until the Uncertificated Balance has been reduced to zero and then to REMIC I Regular Interest I-1-A through I-60-B, starting with the lowest numerical denomination until the Uncertificated Balance of each such REMIC I Regular Interest is reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) With respect to the REMIC II Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM11 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM10 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM9 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM7 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM6 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero; and thirteenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-He2)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee and the Trust Administrator by the Master Servicer prior to on the Determination Master Servicer Reporting Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and sixth, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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 110 allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date, first to REMIC I Regular Interest I-LTA and REMIC I Regular Interest I-LTC, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero and then to REMIC I Regular Interest I-LTB, until the Uncertificated Balance has been reduced to zero; provided however, with respect to the first two Distribution Dates, all Realized Losses on the Initial Mortgage Loans shall be allocated first to REMIC I Regular Interest I-LTA until the Uncertificated Balance thereof has been reduced to zero and then to REMIC I Regular Interest I-LTB until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Mortgage Loans shall be allocated to REMIC I Regular Interest I-LTC until the Uncertificated Balance thereof has been reduced to zero.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM4 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM4 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM3 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM3 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM2 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM2 has been reduced to zero zero; and sixth, sixth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM1 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc as-Bk Ps-Th Ct Sr 2002-1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) -91- 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 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE CertificatesInterest, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, M-5 Interest until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 CertificatesM-4 Interest, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-3 Interest, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixthseventh, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Interest shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xiv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P CertificatesInterest. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM5 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM5 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM4 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM4 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM3 and REMIC I Regular Interest I-LT7I- LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM3 has been reduced to zero and sixth, zero; sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM2 has been reduced to zero; and seventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Securities Inc)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifthfourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero zero; and sixthfifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT6, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-I- LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Fl Rt MRT Ps THR Cert 1999 Aq1)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Class CE Certificates on a PRO RATA basis based on, and to the extent of one month's interest at the then applicable Pass-Through Rate on the respective Notional Amount of each such Certificate pursuant to Section 1.02 after the allocation thereto of certain interest shortfalls as provided in Section 1.02; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, eighth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ninth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, tenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, eleventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, twelfth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixththirteenth, with respect to Realized Losses on the Group I Mortgage Loans, to the Class A-2 A-1B Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the 106 actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xxiv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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.
(ci) All The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 I- LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM10 has been reduced to zero; fourth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1%, and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; fifth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM8 has been reduced to zero; fourth, sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM7 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM7 has been reduced to zero; fifth, seventh to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM6 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM6 has been reduced to zero and sixthzero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM5 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I- LTM5 has been reduced to zero; ninth to the Uncertificated Balances of REMIC I Regular Interest 107 I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM4 has been reduced to zero; tenth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; eleventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero and thirteenth, with regards to Realized Losses on the Group I Mortgage Loans, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTA1B and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I- LTA1B has been reduced to zero.
(dii) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc Asset Back Ser 2004-R1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), ) on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xiii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-I- LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, fourth to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, zero; fifth to the Uncertificated Balances of REMIC I Regular Interest I-I- LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT6, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee Trust Administrator on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Fl Rt Cer Se 1999-Nc5)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to the Trustee Trust Administrator 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), ) on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE CertificatesX/N Interest, until the Certificate Principal Balance thereof has been reduced to zero; , third, to the Class M-3 B Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, X/N Interest shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xvi). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P A Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.Distribution
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ace Securities Corp Ho Eq Lo Tr Se 2001-Nc1 as Ba Pa Th Ce)
Allocation of Realized Losses. (a) Prior to each the Determination Date, the Master each Servicer and Fremont shall determine as to each Mortgage Loan serviced by such Servicer or Fremont and any related REO PropertyProperty and include in the monthly remittance report provided to the Master Servicer and the Securities Administrator (substantially in the form of Schedule 4 hereto) such information as is reasonably available to the Servicers and Fremont as the Master Servicer or the Securities Administrator may reasonably require so as to enable the Master Servicer to master service the Mortgage Loans and oversee the servicing by the Servicers and Fremont and the Securities Administrator to fulfill its obligations hereunder with respect to securities and tax reporting, which shall include, but not be limited to: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Date, the Master each Servicer and Fremont shall also determine as to each Mortgage Loan: (Ai) the total amount of Realized Losses, if any, incurred in connection with any Deficient Valuations made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), 5.04(c) on the Mortgage Loans shall be allocated by the Trustee Securities Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates; third, to the Class B Certificates until the Certificate Principal Balance of the Class B Certificates has been reduced to zero, fourth, to the Class M-11 Certificates until the Certificate Principal Balance of the Class M-11 Certificates has been reduced to zero, fifth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof of the Class M-10 Certificates has been reduced to zero; thirdsixth, to the Class M-9 Certificates, until the Certificate Principal Balance of the Class M-9 Certificates has been reduced to zero; seventh, to the Class M-8 Certificates, until the Certificate Principal Balance of the Class M-8 Certificates has been reduced to zero; eighth, to the Class M-7 Certificates, until the Certificate Principal Balance of the Class M-7 Certificates has been reduced to zero; ninth, to the Class M-6 Certificates, until the Certificate Principal Balance of the Class M-6 Certificates has been reduced to zero; tenth, to the Class M-5 Certificates, until the Certificate Principal Balance of the Class M-5 Certificates has been reduced to zero; eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero; twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof of the Class M-3 Certificates has been reduced to zero; fourththirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof of the Class M-2 Certificates has been reduced to zero; fifthand fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof of the Class M-1 Certificates has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been 133 reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Mezzanine Certificate or a Mezzanine Class B Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x5.01(a)(7)(viii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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 the, Certificates of such Class in proportion to the Percentage Interests evidenced thereby. In addition, in the event that Ocwen receives any Subsequent Recoveries with respect to an Ocwen Mortgage Loan, Ocwen shall deposit such funds into the related Collection Account pursuant to Section 3.08. If, after taking into account such Subsequent Recoveries and any Subsequent Recoveries received by Fremont and Select Portfolio, the amount of a Realized Loss is reduced, the amount of such Subsequent Recoveries will be applied to increase the Certificate Principal Balance of the Class of Subordinate Certificates with the highest payment priority to which Realized Losses have been allocated, but not by more than the amount of Realized Losses previously allocated to that Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(a)(7). The amount of any remaining Subsequent Recoveries will be applied to sequentially increase the Certificate Principal Balance of the Subordinate Certificates, beginning with the Class of Subordinate Certificates with the next highest payment priority, up to the amount of such Realized Losses previously allocated to such Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(a)(7)(iii). Holders of such Certificates will not be entitled to any payment in respect of current interest on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Principal Balance of each Subordinate Certificate of such Class in accordance with its respective Percentage Interest.
(ci) All The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trustee, based solely on the instructions of the Securities Administrator, on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98.00% and 22.00%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal 134 to the REMIC I Principal Loss Allocation Amount, ___98.00% and ____2.00%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTB and REMIC I Regular Interest I-LT7LTZZ, ____98.00%, 11.00% and 11.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTB has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM11 and REMIC I Regular Interest I-LT7LTZZ, ____98.00%, __1.00% and __1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM11 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ___98.00%, __1.00% and ____1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM10 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM9 and REMIC I Regular Interest I-LT7LTZZ, ___98.00%, ___1.00% and ___1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM9 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; and fourteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(dii) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such 135 REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-He4)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee and the Trust Administrator by the Master Servicer prior to on the Determination Master Servicer Reporting Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and sixth, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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 109 allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date, first to REMIC I Regular Interest I-LTA and REMIC I Regular Interest I-LTC, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero and then to REMIC I Regular Interest I-LTB, until the Uncertificated Balance has been reduced to zero; provided however, with respect to the first two Distribution Dates, all Realized Losses on the Initial Mortgage Loans shall be allocated first to REMIC I Regular Interest I-LTA until the Uncertificated Balance thereof has been reduced to zero and then to REMIC I Regular Interest I-LTB until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Mortgage Loans shall be allocated to REMIC I Regular Interest I-LTC until the Uncertificated Balance thereof has been reduced to zero.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM4 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM4 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM3 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM3 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM2 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM2 has been reduced to zero zero; and sixth, sixth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM1 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Ass Bk Pas THR Certs Ser 2002 2)
Allocation of Realized Losses. (a) Prior to each 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 119 Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), Certificate shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE C Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, C Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(d)(ix). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates, the Class S Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 1A Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, LT1A-1 until the Uncertificated Principal Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, then to the Uncertificated Balances of REMIC I 1B Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, LT1B-1 until the Uncertificated Principal Balance of has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trustee on each Distribution Date to REMIC I 1 Regular Interest I-LT3 LT1A-2 until the Uncertificated Principal Balance has been reduced to zero and then to REMIC 1 Regular Interest LT1B-2 until the Uncertificated Principal Balance has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests Group I Mortgage Loans shall be deemed to have been allocated by in the Trustee on each Distribution Date among specified percentages, as follows: first, to Uncertificated Accrued Interest payable to the REMIC 2 Regular Interest LT2A-1 and REMIC 2 Regular Interest LT2F-1 up to an aggregate amount equal to the REMIC 2 Interest Loss Allocation Amount 1, 98% and 2.00%, respectively; second, to the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A-1 and REMIC 2 Regular Interest LT2F-1 up to an aggregate amount equal to the REMIC 2 Principal Loss Allocation Amount, 98% and 2.00%, respectively; third, to the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A-1, REMIC 2 Regular Interest LT2E-1 and REMIC 2 Regular Interest LT2F-1, 98%, 1.00% and 1.00%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2E-1 has been reduced to zero; fourth, to the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A-1, REMIC 2 Regular Interest LT2D-1 and REMIC 2 Regular Interest LT2F-1, 98%, 1.00% and 1.00%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2D-1 has been reduced to zero; and fifth, to the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A-1, REMIC 2 Regular Interest LT2C-1 and REMIC 2 Regular Interest LT2F-1, 98%, 1.00% and 1.00%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2C-1 has been reduced to zero.
(e) All Realized Losses on the Group II Regular Interests Mortgage Loans shall be deemed to have been allocated in the proportion that Realized Losses are allocated specified percentages, as follows: first, to Uncertificated Accrued Interest payable to the related Uncertificated Corresponding Component. As used herein, REMIC 2 Regular Interest LT2A-2 and REMIC 2 Regular Interest LT2F-2 up to an allocation of a Realized Loss on a "PRO RATA basis" among aggregate amount equal to the REMIC I Regular Interests (other than 2 Interest Loss Allocation Amount 1, 98% and 2.00%, respectively; second, to the Uncertificated Principal Balances of REMIC I 2 Regular Interest I-LTP) means LT2A-2 and REMIC 2 Regular Interest LT2F-2 up to an allocation on a PRO RATA basis among aggregate amount equal to the REMIC I Regular Interests (other than 2 Principal Loss Allocation Amount, 98% and 2.00%, respectively; third, to the Uncertificated Principal Balances of REMIC I 2 Regular Interest I-LTP) on LT2A-2, REMIC 2 Regular Interest LT2E-2 and REMIC 2 Regular Interest LT2F-2, 98%, 1.00% and 1.00%, respectively, until the basis Uncertificated Principal Balance of their then outstanding REMIC 2 Regular Interest LT2E-2 has been reduced to zero; fourth, to the Uncertificated BalancesPrincipal Balances of REMIC 2 Regular Interest LT2A-2, in each case prior REMIC 2 Regular Interest LT2D-2 and REMIC 2 Regular Interest LT2F-2, 98%, 1.00% and 1.00%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2D-2 has been reduced to giving effect zero; and fifth, to distributions the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A-2, REMIC 2 Regular Interest LT2C-2 and REMIC 2 Regular Interest LT2F-2, 98%, 1.00% and 1.00%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2C-2 has been reduced to be made on such Distribution Datezero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Tr 2001-3 as-BCKD Cert Ser 2001-3)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee and the Certificate Insurer by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowreduce the Accrued Certificate Interest on the Class CE Certificates (after reduction thereof for the interest shortfalls allocated thereto as provided in Section 1.02) on such Distribution Date; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-4 Certificates, until the Certificate Principal Balance thereof of such Class has been reduced to zero; fourth, to the Class M-2 M-3 Certificates, until the Certificate Principal Balance Balances thereof has been reduced to zero; fifth, to the Class M-1 M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(VI). No allocations of any Realized Losses shall be made to the Certificate Principal Balances Balance of the Class A-1 Certificates A or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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.
(ci) All The Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC 100 I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM4 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 11.00% and 11.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has LTM4 have been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __% 1.00%, and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has LTM3 have been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest III-LT4 LTM2, and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, respectively, until the Uncertificated Balance Balances of REMIC I Regular Interest III-LT4 has LTM2 have been reduced to zero zero; and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1, and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance Balances of REMIC I Regular Interest I-LT3 has LTM1 have been reduced to zero.
(dii) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date[reserved].
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Asset Bcked Pass Through Certs Ser 2004-W4)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Officer’s Certificate delivered to the NIMS Insurer 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 If on any Distribution Date after giving effect to all Realized Losses on incurred with respect to the Mortgage Loans allocated during or prior to any REMIC II Regular the related Due Period and distributions of principal with respect to the Class A Certificates and the Mezzanine Certificates on such Distribution Date, the Uncertificated Principal Balance of the Class C Interest pursuant is equal to Section 4.04(c)zero, Realized Losses equal to the Undercollateralized Amount shall be allocated by the Trustee on each such Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, :
(i) to the Class CE M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(ii) to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero,
(iii) to the Class M‑7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(iv) to the Class M‑6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(v) to the Class M‑5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vi) to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vii) to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero;
(viii) to the Class M‑2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, and
(ix) to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M‑1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes the Mezzanine Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided abovein Section 4.01. All references above to the Certificate Principal Balance of any Class of the Mezzanine Certificates shall be to the Certificate Principal Balance of such Class the Mezzanine Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized LossesLosses or increase thereof by any Subsequent Recoveries, in each case to be allocated to such Class of Certificates, Mezzanine Certificates on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used hereinAny Realized Losses that reduce the distributions in respect of and/or the Uncertificated Principal Balance of the Class C Interest, an allocation shall be allocated by the Trustee to reduce the distributions in respect of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among and/or 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 Balance of the Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced therebyC Certificates.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 1 Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to IX. If the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I 1 Regular Interest I-LT6 IX has been reduced to zero; fourth, Realized Losses on the Group I Mortgage Loans shall be allocated to the Uncertificated Balances of remaining REMIC 1 Group I Regular Interest I-LT1Interests in ascending numerical order, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, in each case until the Uncertificated Principal Balance of such REMIC I 1 Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All . Realized Losses on the REMIC Group II Regular Interests Mortgage Loans shall be allocated by the Trustee on each Distribution Date among to REMIC 1 Regular Interest IIX. If the Uncertificated Principal Balance of REMIC 1 Regular Interest IIX has been reduced to zero, Realized Losses on the Group II Mortgage Loans shall be allocated to the remaining REMIC 1 Group II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balancesascending numerical order, in each case prior until the Uncertificated Principal Balance of such REMIC 1 Regular Interest has been reduced to giving effect to distributions to be made on such Distribution Datezero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He3)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT2 on a pro rata basis based on their respective Uncertificated Balances.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 and REMIC I II Regular Interest III-LT7 LT6 up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 and REMIC I II Regular Interest III-LT7 LT6 up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1, REMIC I II Regular Interest III-LT6 LT5 and REMIC I II Regular Interest III-LT7LT6, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LT5 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1, REMIC I II Regular Interest III-LT5 LT4 and REMIC I II Regular Interest III-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LT4 has been reduced to zero; fifth, and fifth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1, REMIC I II Regular Interest III-LT4 LT3 and REMIC I II Regular Interest III-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest III-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2001-Nc2)
Allocation of Realized Losses. (a) Prior to each 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, Bankruptcy Losses, Special Hazard Losses or Extraordinary Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest LT1 pursuant to Section 4.04(c), other than Excess Special Hazard Losses, Excess Fraud Losses, Excess Bankruptcy Losses and Extraordinary Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Notwithstanding anything to the contrary herein, for purposes of determining the Special Hazard Amount, the Fraud Loss Amount and the Bankruptcy Amount as of any date of determination, Special Hazard Losses, Fraud Losses and Bankruptcy Losses paid from Net Monthly Excess Cashflow which would otherwise have been payable to the holders of the Class CE Certificates shall be deemed to have been allocated to the Class CE Certificates. Any Excess Special Hazard Losses, Excess Bankruptcy Losses, Excess Fraud Losses and Extraordinary Losses allocated to REMIC II Regular Interest LT1 pursuant to Section 4.04(c) will be allocated among the Class A Certificates, the Class M-1 Certificates, the Class M-2 Certificates, the Class M-3 Certificates and the Class CE Certificates on a PRO RATA basis. Any allocation of Realized Losses to a Class A-2 A Certificate, a Class M-1 Certificate, a Class M-2 Certificate or a Mezzanine Class M-3 Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(ix). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans (other than Excess Special Hazard Losses, Excess Fraud Losses, Excess Bankruptcy Losses and Extraordinary Losses) shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 I- LT6 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____and2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifthfourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixthzero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT6, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero; and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT6, 98%, 1% and 1%, respectively. Any Excess Special Hazard Losses, Excess Bankruptcy Losses, Excess Fraud Losses and Extraordinary Losses will be allocated among the REMIC I Regular Interests on a PRO RATA basis.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Ast Bk Fl Rte Cer Se 1997-Aq2)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthseventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand eighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date as follows:
(i) The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1I- LTAA, REMIC I Regular Interest I-LT6 LTM6 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM6 has been reduced to zero; fourth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1%, and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; fifth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I- LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM4 has been reduced to zero; fourth, sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM3 has been reduced to zero; fifth, seventh to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM2 has been reduced to zero and sixth, eighth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero.
(dii) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2003-3)
Allocation of Realized Losses. (a) Prior to each the Determination Date, the Master each Servicer shall determine as to each Mortgage Loan serviced by such Servicer and any related REO PropertyProperty and include in the monthly remittance report provided to the Master Servicer and the Securities Administrator (substantially in the form of Schedule 4 hereto or as set forth in the Servicing Agreement) such information as is reasonably available to the related Servicer as the Master Servicer or the Securities Administrator may reasonably require so as to enable the Master Servicer to master service the related Mortgage Loans and oversee the servicing by the related Servicer and the Securities Administrator to fulfill its obligations hereunder with respect to securities and tax reporting, which shall include, but not be limited to: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Date, the Master each Servicer shall also determine as to each related Mortgage Loan: (Ai) the total amount of Realized Losses, if any, incurred in connection with any Deficient Valuations made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), 5.04(c) on the Mortgage Loans shall be allocated by the Trustee Securities Administrator on each Distribution Date as follows: first, to Net Monthly Excess CashflowCashflow and to Net Swap Payments received from the Swap Provider under the Swap Agreement for that purpose; second, to the Class CE CE-1 Certificates; third, to the Class M-9 Certificates, until the Certificate Principal Balance thereof of the Class M-9 Certificates has been reduced to zero; thirdfourth, to the Class M-8 Certificates, until the Certificate Principal Balance of the Class M-8 Certificates has been reduced to zero; fifth, to the Class M-7 Certificates, until the Certificate Principal Balance of the Class M-7 Certificates has been reduced to zero; sixth, to the Class M-6 Certificates, until the Certificate Principal Balance of the Class M-6 Certificates has been reduced to zero; seventh, to the Class M-5 Certificates, until the Certificate Principal Balance of the Class M-5 Certificates has been reduced to zero; eighth, to the Class M-4 Certificates, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero, ninth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof of the Class M-3 Certificates has been reduced to zero; fourthtenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof of the Class M-2 Certificates has been reduced to zero; fifth, and eleventh, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to of the Class A-2 Certificates, until the Certificate Principal Balance thereof M-1 Certificates has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, CE-1 Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x5.01(c)(8)(ix). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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 the, Certificates of such Class in proportion to the Percentage Interests evidenced thereby. In addition, in the event that any Servicer receives any Subsequent Recoveries with respect to a Mortgage Loan serviced by it, such Servicer shall deposit such funds into the related Collection Account pursuant to Section 3.08 or pursuant to the Servicing Agreement. If, after taking into account such Subsequent Recoveries, the amount of a Realized Loss is reduced, the amount of such Subsequent Recoveries will be applied to increase the Certificate Principal Balance of the Class of Mezzanine Certificates with the highest payment priority to which Realized Losses have been allocated, but not by more than the amount of Realized Losses previously allocated to that Class of Mezzanine Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Mezzanine Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(c)(8). The amount of any remaining Subsequent Recoveries will be applied to sequentially increase the Certificate Principal Balance of the Mezzanine Certificates, beginning with the Class of Mezzanine Certificates with the next highest payment priority, up to the amount of such Realized Losses previously allocated to such Class of Mezzanine Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Mezzanine Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(c)(7). Holders of such Certificates will not be entitled to any payment in respect of current interest on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Principal Balance of each Mezzanine Certificate of such Class in accordance with its respective Percentage Interest.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee Securities Administrator, based solely on information received from the Servicers relating to the amounts of such Realized Losses, on each Distribution Date to the following REMIC I Regular Interests, as follows: to REMIC I Regular Interest LT1 and REMIC I Regular Interest LT1PF until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group I Mortgage Loans shall be allocated to REMIC I Regular Interest LT1 until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero, and all Realized Losses on the Subsequent Group I Mortgage Loans shall be allocated to REMIC I Regular Interest LT1PF until the Uncertificated Balance thereof has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Securities Administrator on each Distribution Date to REMIC I Regular Interest LT2 and REMIC I Regular Interest LT2PF until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group II Mortgage Loans shall be allocated to REMIC I Regular Interest LT2 until the Uncertificated Balance of such REMIC I Regular Interest has been reduced to zero, and all Realized Losses on the Subsequent Group II Mortgage Loans shall be allocated to REMIC I Regular Interest LT2PF until the Uncertificated Balance thereof has been reduced to zero.
(d) With respect to the REMIC II Regular Interests, all Realized Losses on the Group I Mortgage Loans shall be allocated on each Distribution Date first to REMIC II Regular Interest I until the Uncertificated Balance of such REMIC II Regular Interest has been reduced to zero and second, to REMIC II Regular Interest I-1-A through REMIC II Regular Interest I-53-B, starting with the lowest numerical denomination until such REMIC II Regular Interest has been reduced to zero, provided that, for REMIC II Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC II Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date first, to REMIC II Regular Interest II until the Uncertificated Balance of such REMIC II Regular Interest has been reduced to zero and second, to REMIC II Regular Interest II-1-A through REMIC II Regular Interest II-53-B, starting with the lowest numerical denomination until such REMIC II Regular Interest has been reduced to zero, provided that, for REMIC II Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC II Regular Interests.
(i) The REMIC III Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Securities Administrator, on each Distribution Date to the following REMIC III Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I III Regular Interest I-LT1 AA and REMIC I III Regular Interest I-LT7 ZZ up to an aggregate amount equal to the REMIC I III Interest Loss Allocation Amount, _____98.00% and 22.00%, respectively; second, to the Uncertificated Balances of the REMIC I III Regular Interest I-LT1 AA and REMIC I III Regular Interest I-LT7 ZZ up to an aggregate amount equal to the REMIC I III Principal Loss Allocation Amount, ___98.00% and ____2.00%, respectively; third, to the Uncertificated Balances of REMIC I III Regular Interest I-LT1AA, REMIC I III Regular Interest I-LT6 M-9, and REMIC I III Regular Interest I-LT7ZZ, ____98.00%, 11.00% and 11.00%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest I-LT6 M-9 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I III Regular Interest I-LT1AA, REMIC I III Regular Interest I-LT5 M-8 and REMIC I III Regular Interest I-LT7ZZ, ____98.00%, __1.00% and __1.00%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest I-LT5 M-8 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I III Regular Interest I-LT1AA, REMIC I III Regular Interest I-LT4 M-7 and REMIC I III Regular Interest I-LT7ZZ, ___98.00%, __1.00% and ____1.00%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest I-LT4 M-7 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I III Regular Interest I-LT1AA, REMIC I III Regular Interest I-LT3 M-6 and REMIC I III Regular Interest I-LT7ZZ, ___98.00%, ___1.00% and ___1.00%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest I-LT3 M-6 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC III Regular Interest AA, REMIC III Regular Interest M-5 and REMIC III Regular Interest ZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC III Regular Interest M-5 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC III Regular Interest AA, REMIC III Regular Interest M-4 and REMIC III Regular Interest ZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC III Regular Interest M-4 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC III Regular Interest AA, REMIC III Regular Interest M-3 and REMIC III Regular Interest ZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC III Regular Interest M-3 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC III Regular Interest AA, REMIC III Regular Interest M-2 and REMIC III Regular Interest ZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC III Regular Interest M-2 has been reduced to zero; and eleventh, to the Uncertificated Balances of REMIC III Regular Interest AA, REMIC III Regular Interest M-1 and REMIC III Regular Interest ZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC III Regular Interest M-1 has been reduced to zero.
(dii) All The REMIC III Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC III Regular Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related loan group; second, to each REMIC III Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC III Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related loan group over (y) the current Certificate Principal Balance of the Class A Certificate in the related loan group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC III Regular Interests such that the REMIC II Regular Interests in the proportion that III Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses are shall be allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I III Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2007-He4)
Allocation of Realized Losses. (a) Prior to each Determination Date, the Master each Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Date, the Master each Servicer shall also determine as to each related 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 each Servicer shall be evidenced by an Officers' Certificate delivered to the Trustee by the Master such 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; and second, to the Class CE X Certificates, until the Overcollateralized Amount thereof has been reduced to zero. Thereafter, any Applied Realized Loss Amounts shall be allocated; first, to the Class B Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdsecond, to the Class M-3 M2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthand third, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Subordinated Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE X Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(3)(xv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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.. 120
(b) All Realized Losses on the Mortgage Loans allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, M-14 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-13 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-12 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, seventh, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, eighth, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ninth, to the Class M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, thirteenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fourteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixthseventeenth, to the extent of a Realized Loss on a Group I Mortgage Loan, to the Class A-2 A-1B Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Opt1)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand fourth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT1, until the Uncertificated Principal 100 Balance has been reduced to zero and REMIC I Regular Interest I-LT2 based on their respective Uncertificated Balances, until the Uncertificated Principal Balance has been reduced to zero.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 and REMIC I II Regular Interest III-LT7 LT6 up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 and REMIC I II Regular Interest III-LT7 LT6 up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1, REMIC I II Regular Interest III-LT6 LT5 and REMIC I II Regular Interest III-LT7LT6, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LT5 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1, REMIC I II Regular Interest III-LT5 LT4 and REMIC I II Regular Interest III-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LT4 has been reduced to zero; fifth, and fifth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1, REMIC I II Regular Interest III-LT4 LT3 and REMIC I II Regular Interest III-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest III-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Flo Rate Mort Pas THR Cert Ser 01 3)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), ) on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xiii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 I- LT6 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, fourth to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, zero; fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT6, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee Trust Administrator on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-I- LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Broth Mo Se Vii Inc Fl Rt Mor Pa Th Cer Ser 1999 Nc2)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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, 116 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowinterest accrued on the Class CE Certificates pursuant to Section 1.02; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class MV-6 Certificates and the MF-6 Certificates, on a PRO RATA basis based on the Certificate Principal Balance of each such Class, until the Certificate Principal Balances of such Classes have been reduced to zero; fourth, to the Class M-5 Certificates, until the Certificate Principal Balances thereof has been reduced to zero; fifth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthseventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand eighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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.
(ci) All The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the 117 Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 I- LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTMV6, REMIC I Regular Interest I-LTMF6 and REMIC I Regular Interest I- LTZZ, 98%, 0.50%, 0.50% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTMV6 and REMIC I Regular Interest I-LT7LTMF6 has been reduced to zero; fourth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, ____REMIC I Regular Interest I- LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1.00%, and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; fifth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM4 has been reduced to zero; fourth, sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM3 has been reduced to zero; fifth, seventh to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM2 has been reduced to zero and sixthzero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I- LTM1 has been reduced to zero; and nineth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTAV2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTAV2 has been reduced to zero.
(dii) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc Assset Back Pass THR Certs Ser 2003-W5)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to the NIMs Insurer 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), Certificate shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE C Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, C Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(d)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates, the Class S Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 1 Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, LT1A until the Uncertificated Principal Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, then to the Uncertificated Balances of REMIC I 1 Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, LT1B until the Uncertificated Principal Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II 1 Regular Interests Interest LT1A and REMIC 1 Regular Interest LT1B shall be deemed to have been allocated by in the Trustee on each Distribution Date among specified percentages, as follows: first, to Uncertificated Accrued Interest payable to the REMIC II 2 Regular Interests in the proportion that Realized Losses are allocated Interest LT2A and REMIC 2 Regular Interest LT2G up to an aggregate amount equal to the related REMIC 2 Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Corresponding Component. As used herein, Principal Balances of REMIC 2 Regular Interest LT2A and REMIC 2 Regular Interest LT2G up to an allocation of a Realized Loss on a "PRO RATA basis" among aggregate amount equal to the REMIC I Regular Interests (other than 2 Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Principal Balances of REMIC I 2 Regular Interest I-LTP) means an allocation on a PRO RATA basis among the LT2A, REMIC I Regular Interests (other than REMIC I 2 Regular Interest I-LTP) on LT2F and REMIC 2 Regular Interest LT2G, 98%, 1% and 1%, respectively, until the basis Uncertificated Principal Balance of their then outstanding REMIC 2 Regular Interest LT2F has been reduced to zero; fourth, to the Uncertificated BalancesPrincipal Balances of REMIC 2 Regular Interest LT2A, in each case prior REMIC 2 Regular Interest LT2E and REMIC 2 Regular Interest LT2G, 98%, 1% and 1%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2E has been reduced to giving effect zero; fifth, to distributions the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A, REMIC 2 Regular Interest LT2D and REMIC 2 Regular Interest LT2G, 98%, 1% and 1%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2D has been reduced to be made on such Distribution Datezero; and sixth, to the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A, REMIC 2 Regular Interest LT2C and REMIC 2 Regular Interest LT2G, 98%, 1% and 1%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2C has been reduced to zero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2001-1 as Bk Cert Ser 2001-1)
Allocation of Realized Losses. (a) Prior to each the Determination Date, the Master Servicer and the Interim Servicer shall determine as to each Mortgage Loan serviced by the Servicer or the Interim Servicer and any related REO PropertyProperty and include in the monthly remittance report provided to the Master Servicer and the Securities Administrator (substantially in the form of Schedule 4 hereto) such information as is reasonably available to the Servicer and the Interim Servicer as the Master Servicer or the Securities Administrator may reasonably require so as to enable the Master Servicer to master service the Mortgage Loans and oversee the servicing by the Servicer and the Interim Servicer and the Securities Administrator to fulfill its obligations hereunder with respect to securities and tax reporting, which shall include, but not be limited to: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Date, the Master Servicer and the Interim 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), 5.04(c) on the Mortgage Loans shall be allocated by the Trustee Securities Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates; third, to the Class B-2 Certificates until the Certificate Principal Balance of the Class B-2 Certificates has been reduced to zero, fourth, to the Class B-1 Certificates until the Certificate Principal Balance of the Class B-1 Certificates has been reduced to zero, fifth, to the Class M-11 Certificates until the Certificate Principal Balance of the Class M-11 Certificates has been reduced to zero, sixth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof of the Class M-10 Certificates has been reduced to zero; thirdseventh, to the Class M-9 Certificates, until the Certificate Principal Balance of the Class M-9 Certificates has been reduced to zero; eighth, to the Class M-8 Certificates, until the Certificate Principal Balance of the Class M-8 Certificates has been reduced to zero; ninth, to the Class M-7 Certificates, until the Certificate Principal Balance of the Class M-7 Certificates has been reduced to zero; tenth, to the Class M-6 Certificates, until the Certificate Principal Balance of the Class M-6 Certificates has been reduced to zero; eleventh, to the Class M-5 Certificates, until the Certificate Principal Balance of the Class M-5 Certificates has been reduced to zero; twelfth, to the Class M-4 Certificates, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero; thirteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof of the Class M-3 Certificates has been reduced to zero; fourthfourteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof of the Class M-2 Certificates has been reduced to zero; fifthand fifteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to of the Class A-2 Certificates, until the Certificate Principal Balance thereof M-1 Certificates has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Mezzanine Certificate or a Mezzanine Class B Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x5.01(a)(7)(viii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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 the, Certificates of such Class in proportion to the Percentage Interests evidenced thereby. In addition, in the event that the Servicer receives any Subsequent Recoveries with respect to a Mortgage Loan, the Servicer shall deposit such funds into the Collection Account pursuant to Section 3.08. If, after taking into account such Subsequent Recoveries and any Subsequent Recoveries received by the Interim Servicer, the amount of a Realized Loss is reduced, the amount of such Subsequent Recoveries will be applied to increase the Certificate Principal Balance of the Class of Subordinate Certificates with the highest payment priority to which Realized Losses have been allocated, but not by more than the amount of Realized Losses previously allocated to that Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(a)(7). The amount of any remaining Subsequent Recoveries will be applied to sequentially increase the Certificate Principal Balance of the Subordinate Certificates, beginning with the Class of Subordinate Certificates with the next highest payment priority, up to the amount of such Realized Losses previously allocated to such Class of Subordinate Certificates pursuant to this Section 5.04 and not previously reimbursed to such Class of Subordinate Certificates with Net Monthly Excess Cashflow pursuant to Section 5.01(a)(7)(iii). Holders of such Certificates will not be entitled to any payment in respect of current interest on the amount of such increases for any Interest Accrual Period preceding the Distribution Date on which such increase occurs. Any such increases shall be applied to the Certificate Principal Balance of each Subordinate Certificate of such Class in accordance with its respective Percentage Interest.
(c) All (i) The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trustee, based solely on the instructions of the Securities Administrator, on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98.00% and 22.00%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98.00% and ____2.00%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTB2 and REMIC I Regular Interest I-LT7LTZZ, ____98.00%, 11.00% and 11.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTB2 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTB1 and REMIC I Regular Interest I-LT7LTZZ, ____98.00%, __1.00% and __1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTB1 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM11 and REMIC I Regular Interest I-LT7LTZZ, ___98.00%, __1.00% and ____1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM11 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ___98.00%, ___1.00% and ___1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM10 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; fourteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; and fifteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98.00%, 1.00% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(di) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Loan Trust 2005-Rm2)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee and the Certificate Insurer by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowreduce the Accrued Certificate Interest on the Class CE Certificates (after reduction thereof for the interest shortfalls allocated thereto as provided in Section 1.02) on such Distribution Date; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-7 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero; fourth, to the Class M-6 Certificates, until the Certificate Principal Balances thereof has been reduced to zero; fifth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourtheighth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthzero and ninth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such 116 Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(V). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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 shall be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(ci) All The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1I- LTAA, REMIC I Regular Interest I-LT6 LTM7 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM7 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM6 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM6 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM5 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __% 1%, and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM5 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest II-LTM4, and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, respectively, until the Uncertificated Balances of REMIC I Regular Interest II-LTM4 have been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LT3 LTM3, and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM3 have been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM2 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated ; and ninth, to the related Uncertificated Corresponding Component. As used herein, an allocation Balances of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than LTAA, REMIC I Regular Interest I-LTP) on LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the basis Uncertificated Balance of their then outstanding Uncertificated Balances, in each case prior REMIC I Regular Interest I-LTM1 has been reduced to giving effect to distributions to be made on such Distribution Date.zero. 117
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc Asset Back Pass THR Certs Ser 2004 W2)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; zero and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifthfourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixthzero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT6, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT6, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT2 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Floating Rate Mort Pass Through Cert Series 2000-1)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination 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 Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report (in form and format reasonably required and mutually agreed upon by the Servicer and the Master Servicer) or evidenced by an Officers' ’ Certificate delivered to the Trustee Trust Administrator 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, :
(i) to Net Monthly Excess Cashflow; second, ;
(ii) to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third;
(iii) to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(iv) to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(v) to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vi) to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vii) to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(viii) to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(ix) to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(x) to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(xi) to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, ;
(xii) to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, and
(xiii) to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All With respect to the REMIC I Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date first, to REMIC I Regular Interest I until the Uncertificated Balance has been reduced to zero and then to REMIC I Regular Interest I-1-A through I-59-B, starting with the lowest numerical denomination until the Uncertificated Balance of each such REMIC I Regular Interest is reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) With respect to the REMIC II Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM11 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM10 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM9 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM7 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM6 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero; and thirteenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Am3)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest on the Class CE Certificates pursuant to Section 1.02, after reduction for the interest shortfalls allocated thereto as provided in Section 1.02; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-6 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero; fourth, to the Class M-5 Certificates, until the Certificate Principal Balances thereof has been reduced to zero; fourthfifth, to the Class M-4A Certificates and the Class M-4B Certificates on a PRO RATA basis, based on the Certificate Principal Balance of each such class, until the Certificate Principal Balances thereof have been reduced to zero; sixth, to the Class M-3 Certificates and the Class M-3 Sequential Certificates on a PRO RATA basis, based on the Certificate Principal Balance of each such class, until the Certificate Principal Balances thereof have been reduced to zero; seventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand eighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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 shall be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset-Backed Pass-Through Certificates Series 2003-W7)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master each Servicer shall determine as to each Mortgage Loan and REO PropertyProperty serviced by it: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Distribution Date, the Master each Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient Valuations made during the related Prepayment Period 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 each Servicer shall be either included in the related Remittance Report ( in form and format reasonably required and mutually agreed upon by Servicer and Master Servicer) or evidenced by an Officers' Certificate delivered to the Trustee Trust Administrator by the Master related Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and zero; sixth, to the Class A-2 M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All With respect to the REMIC I Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date first, to REMIC I Regular Interest I until the Uncertificated Balance has been reduced to zero and then to REMIC I Regular Interest I-1-A through I-43-B and REMIC I Regular Interests I-1-A through I-31-B, starting with the lowest numerical denomination until the Uncertificated Balance of each such REMIC I Regular Interest is reduced to zero, provided that, for REMIC I Regular Interests 139 with the same numerical denomination, such Realized Losses shall be allocated (y) first to the REMIC I Group I Regular Interests pro rata between such REMIC I Regular Interests and (z) then to the REMIC I Group II Regular Interests pro rata between such REMIC I Regular Interests.
(d) With respect to the REMIC II Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM11 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM10 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM9 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM8 has been reduced to zero.
(d) All Realized Losses on ; seventh, to the Uncertificated Balances of REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the Interest II-LTAA, REMIC II Regular Interests in Interest II-LTM7 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the proportion that Realized Losses are allocated Uncertificated Balance of REMIC II Regular Interest II-LTM7 has been reduced to zero; eighth, to the related Uncertificated Corresponding Component. As used herein, an allocation Balances of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I II Regular Interest III-LTP) means an allocation on a PRO RATA basis among the LTAA, REMIC I Regular Interests (other than REMIC I II Regular Interest III-LTP) on LTM6 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the basis Uncertificated Balance of their then outstanding REMIC II Regular Interest II-LTM6 has been reduced to zero; ninth, to the Uncertificated BalancesBalances of REMIC II Regular Interest II-LTAA, in each case prior REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to giving effect zero; tenth, to distributions the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to be made on such Distribution Date.zero; eleventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero; and thirteenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero. 140
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-He1)
Allocation of Realized Losses. (a) Prior to each Determination Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: Property (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Collection Period; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Collection Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Collection 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 Trustee and the Certificate Insurer 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 Collection Period during which any such Realized Loss was incurred, and (yii) in the case of all other Realized Losses, the Prepayment Collection Period during which any such Realized Loss was incurred.
(b) All Realized Losses On each Distribution Date, after all distributions on such Distribution Date and if the Mortgage Loans allocated to OC Amount is zero or negative, any REMIC II Regular Interest pursuant to Section 4.04(c), Allocable Loss Amount shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until B Certificates by reduction of the Class Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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 Allocable Loss Amounts allocated to a the Class of B Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Allocation of Realized Losses. (a) Prior to each 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 Collection Period; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Collection Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Collection 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 a certificate of a Servicing Officer of the Master Servicer delivered to the Trustee by the Master Servicer prior to at the Determination Date immediately following time of delivery of 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 incurredRemittance Report.
(b) On any Distribution Date, following all distributions made on such date, Realized Losses shall be allocated as specified below, to the extent the aggregate Certificate Principal Balance of the Class A and Subordinate Certificates is less than the aggregate Stated Principal Balance of the Mortgage Loans and the Pre-Funded Amount. All Realized Losses on the Mortgage Loans allocated to any REMIC II I Regular Interest I-LT1 pursuant to Section 4.04(c), on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Class C Certificates, until the Certificate Principal Balance thereof has been reduced to zero; second, to the Class CE B Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand fourth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate A, Class M-1, Class M-2, Class B or a Mezzanine Class C Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourthsecond, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-I- LT5 has been reduced to zero; fifththird, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixthzero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT6, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero; and fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I- LT2 and REMIC I Regular Interest I-LT6, 98%, 1% and 1%, respectively.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to the Trustee Trust Administrator by the Master Servicer prior to the Determination Date eighteenth calendar day of each month 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 allocated to any REMIC II I Regular Interest pursuant to Section 4.04(c), ) on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE X/N Certificates, until the Certificate Principal Balance thereof has been reduced to zero; , third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand fourth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; [any allocation of Realized Losses to a Class CE Certificate, X/N Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(D)(xii). .] No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ace Securities Corp)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 120 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, among the Class CE Certificates on a PRO RATA basis based on and to Net Monthly Excess Cashflowthe extent of one month's interest at the then applicable Pass-Through Rate on the respective Notional Amount of each such Certificate pursuant to Section 1.02 after the allocation thereto of certain interest shortfalls as provided in Section 1.02; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-6 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero; fourth, to the Class M-5 Certificates, until the Certificate Principal Balances thereof has been reduced to zero; fifth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthseventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthzero and eighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT1PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group I Mortgage Loans shall be allocated to REMIC 1 Regular Interest I-LT1, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group I Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT1PF until 121 the Uncertificated Balance thereof has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT2PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2PF until the Uncertificated Balance thereof has been reduced to zero. All Realized Losses on the Group III Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT3PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group III Mortgage Loans shall be allocated to REMIC 1 Regular Interest I- LT3, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group III Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT3PF until the Uncertificated Balance thereof has been reduced to zero.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC II Regular Interest II-LT1, REMIC II Regular Interest II- LT2 and REMIC II Regular Interest II-LT3, until the Uncertificated Balance of each such REMIC II Regular Interest has been reduced to zero and then to REMIC II Regular Interest II-LTSA, REMIC II Regular Interest II-LTSB, REMIC II Regular Interest II-LTSC, REMIC II Regular Interest II-LTSD and REMIC II Regular Interest II-LTSE, until the Uncertificated Balances have been reduced to zero.
(i) The REMIC III Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I III Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I III Regular Interest IIII-LT1 LTAA and REMIC I III Regular Interest IIII-LT7 LTZZ up to an aggregate amount equal to the REMIC I III Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I III Regular Interest IIII-LT1 LTAA and REMIC I III Regular Interest IIII-LT7 LTZZ up to an aggregate amount equal to the REMIC I III Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest IIII-LT6 LTM6 and REMIC I III Regular Interest IIII-LT7LTZZ, ____98%, 1.00% and 1%, respectively, until the Uncertificated Balance of REMIC III Regular Interest III-LTM6 has been reduced to zero; fourth to the Uncertificated Balances of REMIC III Regular Interest III-LTAA, REMIC III Regular Interest III-LTM5 and REMIC III Regular Interest III-LTZZ, 98%, 1.00%, and 1%, respectively, until the Uncertificated Balance of REMIC III Regular Interest III-LTM5 has been reduced to zero; fifth to the Uncertificated Balances of REMIC III Regular Interest III-LTAA, REMIC III Regular Interest III-LTM4 and REMIC III Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT6 LTM4 has been reduced to zero; fourth, sixth to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest IIII-LT5 LTM3 and REMIC I III Regular Interest IIII-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT5 LTM3 has been reduced to zero; fifth, seventh to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest IIII-LT4 LTM2 and REMIC I III Regular Interest IIII-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.122
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Sec Inc Asset Back Pass THR Cer Se 03 12)
Allocation of Realized Losses. (a) Prior to each 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; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences sentence that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-5 Certificates, until the respective Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthsixth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand seventh, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xiii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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.
(ci) All The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 I- LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM5 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM5 has been reduced to zero; fourth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM4 has been reduced to zero; fourth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 I- LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM3 has been reduced to zero; fifth, sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM2 has been reduced to zero zero; and sixth, seventh to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1 and REMIC I Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero.
(dii) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Mastr Pass Thru Ser 2003-Opt2)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-4 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthfifth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM4 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM4 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM3 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM2 and REMIC I Regular Interest I-LT7I- LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM2 has been reduced to zero zero; and sixth, sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2003-1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT2 on a PRO RATA basis based on their respective Uncertificated Balances.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the REMIC II Regular Interest II-LT1 and REMIC II Regular Interest II-LT2 on a PRO RATA basis based on their respective Uncertificated Balances.
(e) All Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I III Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I III Regular Interest IIII-LT1 and REMIC I III Regular Interest IIII-LT7 LT6 up to an aggregate amount equal to the REMIC I III Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I III Regular Interest IIII-LT1 and REMIC I III Regular Interest IIII-LT7 LT6 up to an aggregate amount equal to the REMIC I III Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1, REMIC I III Regular Interest IIII-LT6 LT5 and REMIC I III Regular Interest IIII-LT7LT6, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT6 LT5 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1, REMIC I III Regular Interest IIII-LT5 LT4 and REMIC I III Regular Interest IIII-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT5 LT4 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1, REMIC I III Regular Interest IIII-LT4 LT3 and REMIC I III Regular Interest IIII-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest IIII-LT3 has been reduced to zero.
(df) All Realized Losses on the REMIC II IV Regular Interests shall be allocated by the Trustee Trust Administrator on each Distribution Date among the REMIC II IV Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I III Regular Interests (other than REMIC I III Regular Interest IIII-LTP) means an allocation on a PRO RATA basis among the REMIC I III Regular Interests (other than REMIC I III Regular Interest IIII-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Mort Sec Inc New Cent Hm Eq Ln Tr Ser 2000-Nc1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' ’ Certificate delivered to the NIMS Insurer 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 If on any Distribution Date after giving effect to all Realized Losses on incurred with respect to the Mortgage Loans allocated during or prior to any REMIC II Regular the related Due Period and distributions of principal with respect to the Class A Certificates and the Mezzanine Certificates on such Distribution Date, the Uncertificated Principal Balance of the Class C Interest pursuant is equal to Section 4.04(c)zero, Realized Losses equal to the Undercollateralized Amount shall be allocated by the Trustee on each such Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; , second, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, third, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fourth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, seventh, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, eighth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ninth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, tenth, to the Class M-2 Certificates, Certificates until the Certificate Principal Balance thereof has been reduced to zero; fifth, and eleventh, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes the Mezzanine Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided abovein Section 4.01. All references above to the Certificate Principal Balance of any Class of the Mezzanine Certificates shall be to the Certificate Principal Balance of such Class the Mezzanine Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized LossesLosses or increase thereof by any Subsequent Recoveries, in each case to be allocated to such Class of Certificates, Mezzanine Certificates on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used hereinAny Realized Losses that reduce the distributions in respect of and/or the Uncertificated Principal Balance of the Class C Interest, an allocation shall be allocated by the Trustee to reduce the distributions in respect of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among and/or 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 Balance of the Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced therebyC Certificates.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 1 Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to IX. If the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I 1 Regular Interest I-LT6 IX has been reduced to zero; fourth, Realized Losses on the Group I Mortgage Loans shall be allocated to the Uncertificated Balances of remaining REMIC 1 Group I Regular Interest I-LT1Interests in ascending numerical order, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, in each case until the Uncertificated Principal Balance of such REMIC I 1 Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All . Realized Losses on the REMIC Group II Regular Interests Mortgage Loans shall be allocated by the Trustee on each Distribution Date among to REMIC 1 Regular Interest IIX. If the Uncertificated Principal Balance of REMIC 1 Regular Interest IIX has been reduced to zero, Realized Losses on the Group II Mortgage Loans shall be allocated to the remaining REMIC 1 Group II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balancesascending numerical order, in each case prior until the Uncertificated Principal Balance of such REMIC 1 Regular Interest has been reduced to giving effect to distributions to be made on such Distribution Datezero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-1)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 CertificatesMV-6 Certificates and the Class MF-6 Certificates on a pro rata basis based on the outstanding Certificate Principal Balance of each such Class, until the Certificate Principal Balance Balances thereof has have been reduced to zero; fourth, to the Class M-2 M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, eighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixthninth, with respect to Realized Losses on the Group I Mortgage Loans only, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Mezzanine Certificate or Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates (other than the Class A-2 Certificates) or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT1PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group I Mortgage Loans shall be allocated to REMIC 1 Regular Interest I-LT1, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group I Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT1PF until the Uncertificated Balance thereof has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT2PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2PF until the Uncertificated Balance thereof has been reduced to zero.
(i) The REMIC II Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III- LTMV6, REMIC II Regular Interest II-LT6 LTMF6 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 0.50%, 0.50% and 1.00%, respectively, until the Uncertificated Balances of REMIC II Regular Interests II-LTMV6 and II-LTMF6 have been reduced to zero; fourth to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1.00%, and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; fifth to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM4 has been reduced to zero; fourth, sixth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM3 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM3 has been reduced to zero; fifth, seventh to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest I-LT4 II- LTM2 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM2 has been reduced to zero and sixthzero; eighth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest I-LT3 II- LTM1 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM1 has been reduced to zero.; and nineth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTA2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTA2 has been reduced to zero
(dii) All The REMIC II Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC II Regular Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC II Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC II Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC II Regular Interests such that the REMIC II Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated by the Trustee on each Distribution Date among the to REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest III-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Sec Inc Asset Backed Pas THR Cer Ser 2003-Wi)
Allocation of Realized Losses. (a) Prior to each 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, Bankruptcy Losses, Special Hazard Losses or Extraordinary Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest LT1 pursuant to Section 4.04(c), other than Excess Special Hazard Losses, Excess Fraud Losses, Excess Bankruptcy Losses and Extraordinary Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Notwithstanding anything to the contrary herein, for purposes of determining the Special Hazard Amount, the Fraud Loss Amount and the Bankruptcy Amount as of any date of determination, Special Hazard Losses, Fraud Losses and Bankruptcy Losses paid from Net Monthly Excess Cashflow which would otherwise have been payable to the holders of the Class CE Certificates shall be deemed to have been allocated to the Class CE Certificates. Any Excess Special Hazard Losses, Excess Bankruptcy Losses, Excess Fraud Losses and Extraordinary Losses allocated to REMIC II Regular Interest LT1 pursuant to Section 4.04(c) will be allocated among the Class A Certificates, the Class M-1 Certificates, the Class M-2 Certificates, the Class M-3 Certificates and the Class CE Certificates on a PRO RATA basis. Any allocation of Realized Losses to a Class A-2 A Certificate, a Class M-1 Certificate, a Class M-2 Certificate or a Mezzanine Class M-3 Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans (other than Excess Special Hazard Losses, Excess Fraud Losses, Excess Bankruptcy Losses and Extraordinary Losses) shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 I- LT6 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifthfourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixthzero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT6, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero; and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT6, 98%, 1% and 1%, respectively. Any Excess Special Hazard Losses, Excess Bankruptcy Losses, Excess Fraud Losses and Extraordinary Losses will be allocated among the REMIC I Regular Interests on a PRO RATA basis.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Asset Backed Floating Rate Cert Ser 1998-Nc1)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination 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 Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trust Administrator and the Trustee by the Master Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Interest Distribution Amount for the Class CE-1 Certificates for the related Interest Accrual Period; second, to payments received under the Interest Rate Cap Agreement, third, to the Class CE CE-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdfourth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthtwelfth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, CE-1 Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(3). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All The REMIC I Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM9 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM8 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM8 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM7 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM7 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero and twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(d) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation “GRP” equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation “SUB,” so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc3)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Officer’s Certificate delivered to the NIMS Insurer 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 If on any Distribution Date after giving effect to all Realized Losses on incurred with respect to the Mortgage Loans allocated during or prior to any REMIC II Regular the related Due Period and distributions of principal with respect to the Class A Certificates, the Mezzanine Certificates and the Class B Certificates on such Distribution Date, the Uncertificated Principal Balance of the Class C Interest pursuant is equal to Section 4.04(c)zero, Realized Losses equal to the Undercollateralized Amount shall be allocated by the Trustee on each such Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, :
(i) to the Class CE B Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(ii) to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(iii) to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero,
(iv) to the Class M‑7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(v) to the Class M‑6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vi) to the Class M‑5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(vii) to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero;
(viii) to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero;
(ix) to the Class M‑2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, and
(x) to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M‑1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes the Mezzanine Certificates and the Class B Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided abovein Section 4.01. All references above to the Certificate Principal Balance of any the Mezzanine Certificates and the Class of B Certificates shall be to the Certificate Principal Balance of such the Mezzanine Certificates and the Class B Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized LossesLosses or increase thereof by any Subsequent Recoveries, in each case to be allocated to such Mezzanine Certificates and the Class of Certificates, B Certificates on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Mezzanine Certificate or a Mezzanine Class B Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used hereinAny Realized Losses that reduce the distributions in respect of and/or the Uncertificated Principal Balance of the Class C Interest, an allocation shall be allocated by the Trustee to reduce the distributions in respect of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among and/or 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 Balance of the Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced therebyC Certificates.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 1 Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to IX. If the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I 1 Regular Interest I-LT6 IX has been reduced to zero; fourth, Realized Losses on the Group I Mortgage Loans shall be allocated to the Uncertificated Balances of remaining REMIC 1 Group I Regular Interest I-LT1Interests in ascending numerical order, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, in each case until the Uncertificated Principal Balance of such REMIC I 1 Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All . Realized Losses on the REMIC Group II Regular Interests Mortgage Loans shall be allocated by the Trustee on each Distribution Date among to REMIC 1 Regular Interest IIX. If the Uncertificated Principal Balance of REMIC 1 Regular Interest IIX has been reduced to zero, Realized Losses on the Group II Mortgage Loans shall be allocated to the remaining REMIC 1 Group II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balancesascending numerical order, in each case prior until the Uncertificated Principal Balance of such REMIC 1 Regular Interest has been reduced to giving effect to distributions to be made on such Distribution Datezero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (WaMu Asset-Backed Certificates, WaMu Series 2007-He4)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be covered or allocated by the Trustee on each Distribution Date as follows: first, by any amounts available from the Swap Agreement for such Distribution Date pursuant to Section 4.07; second, to Net Monthly Excess CashflowCash Flow; secondthird, to the Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; fourth, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdfifth, to the Class [M-13 Certificates, until the Certificate Principal Balance thereof is reduced to zero; sixth, to the Class M-12 Certificates, until the Certificate Principal Balance thereof is reduced to zero; seventh, to the Class M-11 Certificates, until the Certificate Principal Balance thereof is reduced to zero; eighth, to the Class M-10 Certificates until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-7 Certificates until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourteenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, sixteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, seventeenth, to the Class M-1 M-1] Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero, and sixtheighteenth, concurrently, to the Class [A-1 Certificates, Class A-2 Certificates, until Class A-3 Certificates, Class A-4 Certificates, Class A-5 Certificates and Class A-6] Certificates on a pro rata basis based on the Certificate Principal Balance thereof has of each such Class of Certificates, until their respective Certificate Principal Balances have been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 A Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vi). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) [All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM13 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM13 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM12 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM12 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM11 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM11 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM10 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM9 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM9 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM8 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM8 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; tenth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; eleventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; twelfth to 100 the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; fourteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; fifteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero; and sixteenth, concurrently, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Xxxxxxxx X-XXX0, X-XXX0, X-XXX0, X-XXX0, X-XXX0, X-XXX0 on a pro rata basis, and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until their respective Uncertificated Balance of REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.]
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Stanwich Asset Acceptance CO LLC)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 Indenture 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Indenture Trustee on each Distribution Payment Date as follows: first, to Net Monthly Excess Cashflow; second, to amounts otherwise payable to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zeroC Notes; third, to the Class M-3 CertificatesB-1 Notes, until the Certificate Note Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 CertificatesNotes, until the Certificate Note Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 CertificatesNotes, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Note Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Note Principal Balances of all Classes on any Distribution Payment Date shall be so allocated after the actual distributions payments to be made on such date as provided above. All references above to the Certificate Note Principal Balance of any Class of Certificates Notes shall be to the Certificate Note Principal Balance of such Class immediately prior to the relevant Distribution Payment Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of CertificatesNotes, on such Distribution Payment Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate Note on any Distribution Payment Date shall be made by reducing the Certificate Note Principal Balance thereof by the amount so allocated, or in the case of a Class CE CertificateC Note, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(d)(x). No allocations of any Realized Losses shall be made to the Certificate Note Principal Balances of the Class A-1 Certificates A Notes or the Class P CertificatesNotes. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates Notes means an allocation on a PRO RATA pro rata basis, among the various Classes so specified, to each such Class of Certificates Notes on the basis of their then outstanding Certificate Note Principal Balances prior to giving effect to distributions payments to be made on such Distribution Payment Date. All Realized Losses and all other losses allocated to a Class of Certificates Notes hereunder will be allocated among the Certificates Notes of such Class in proportion to the Percentage Interests evidenced thereby.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated or covered by the Trustee on each Distribution Date as follows: first, to by Net Monthly Excess CashflowCash Flow; second, by any amounts available from the Swap Agreement for such Distribution Date pursuant to Section 4.07; third, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdfourth, to the Class M-3 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthfifth, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-7 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-5 Certificates until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-4 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifththirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and sixthfourteenth, concurrently, to the Class A-1 Certificates, Class A-2 Certificates, until Class A-3 Certificates and Class A-4 Certificates on a pro rata basis based on the Certificate Principal Balance thereof has of each such Class of Certificates, until their respective Certificate Principal Balances have been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 A Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vi). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM9 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM8 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM8 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM7 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM7 has been reduced to zero; seventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; eighth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; ninth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero; and thirteenth, concurrently, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Xxxxxxxx X-XXX0, X-XXX0, X-XXX0 and I-LTA4 on a pro rata basis, and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until their respective Uncertificated Balance of REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc3)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to the NIMS Insurer, the Trust Administrator and the Trustee (and upon request, to the Guarantor) 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 Group I Mortgage Loans allocated to any REMIC II 3 Uncertificated Regular Interest pursuant LT3-IC and to Section 4.04(c), any Group I Mezzanine Component shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Group I Net Monthly Excess Cashflow; second, to the Class CE CertificatesREMIC 3 Uncertificated Regular Interest LT3-IC, until the Certificate Uncertificated Principal Balance thereof has been reduced to zero; third, to the Class M-3 CertificatesI-M3 Component, until the Component Principal Balance thereof has been reduced to zero; and fourth, to the I-M2 Component, until the Component Principal Balance thereof has been reduced to zero. All Realized Losses on the Group II Mortgage Loans allocated to REMIC 3 Uncertificated Regular Interest LT3-IIC, the Class II-M1 Certificate and to any Group II Mezzanine Component shall be allocated by the Trust Administrator on each Distribution Date as follows: first, to Group II Net Monthly Excess Cashflow; second, to REMIC 3 Uncertificated Regular Interest LT3-IIC, until the Uncertificated Principal Balance thereof has been reduced to zero; third, to the II-M3 Component, until the Component Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 CertificatesII-M2 Component, until the Certificate Component Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 II-M1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to Uncertificated Principal Balances of all REMIC 3 Uncertificated Regular Interests, the Certificate Principal Balances of all Classes of Certificates and Component Principal Balances of all Components 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 Certificates, Uncertificated Principal Balance of any REMIC 3 Uncertificated Regular Interest, and Component Principal Balance of any Component shall be to the Certificate Principal Balance of such Class of Certificates, Uncertificated Principal Balance of such REMIC 3 Uncertificated Regular Interest, or Component Principal Balance of such Component immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, Components or REMIC 3 Uncertificated Regular Interest, on such Distribution Date. 148 Any allocation of Realized Losses to a Class A-2 Mezzanine Certificate or and a Mezzanine Certificate Component on any Distribution Date shall be made by reducing the Certificate Principal Balance or Component Principal Balance thereof by the amount so allocated, ; any allocation of Realized Losses to REMIC 3 Uncertificated Regular Interest LT3-IC or in the case of a Class CE Certificate, REMIC 3 Uncertificated Regular Interest LT3-IIC shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(d)(i)(h) and 4.01(d)(ii)(k) or Section 4.01(d)(ii)(j) and 4.01(d)(i)(i), as applicable. No allocations of any Realized Losses shall be made to the Certificate Principal Balances of Class A Certificates, the Class A-1 S Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made on such Distribution Date. All Any Realized Losses and all other losses allocated to a Class of Certificates hereunder will REMIC 3 Uncertificated Regular Interest LT3-IC or REMIC 3 Uncertificated Regular Interest LT3-IIC shall be allocated among by the Certificates of such Class in proportion Trust Administrator to the Percentage Interests evidenced therebyClass I-C Certificates and the Class II-C Certificates, respectively.
(c) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 0A Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, LT0A-1 until the Uncertificated Principal Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, then to the Uncertificated Balances of REMIC I 0A Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, LT0A-2 until the Uncertificated Principal Balance of thereof has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to REMIC I 0B Regular Interest I-LT3 LT0B-1 until the Uncertificated Principal Balance thereof has been reduced to zero and then to REMIC 0B Regular Interest LT0B-2 until the Uncertificated Principal Balance thereof has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests Group I Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date among to REMIC 1A Regular Interest LT1A-1 until the Uncertificated Principal Balance thereof has been reduced to zero and then pro rata to REMIC 1A Regular Interest LT1A-2 and REMIC 1A Regular Interest LT1A-3 until the Uncertificated Principal Balances thereof have been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to REMIC 1B Regular Interest LT1B-1 until the Uncertificated Principal Balance thereof has been reduced to zero and then to pro rata REMIC 1B Regular Interest LT1B-2 and REMIC 1B Regular Interest LT1B-3 until the Uncertificated Principal Balances thereof have been reduced to zero.
(e) All Realized Losses on the Group I Mortgage Loans shall be deemed to have been allocated in the specified percentages, as follows: first, to Uncertificated Accrued Interest payable to the REMIC 2 Regular Interest LT2A-1 and REMIC 2 Regular Interest LT2E-1 up to an aggregate amount equal to the REMIC 2 Group I Interest Loss Allocation Amount, 98% and 2.00%, respectively; second, to the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A-1 and REMIC 2 Regular Interest LT2E-1 up to an aggregate amount equal to the REMIC 2 Principal Loss Allocation Amount-1, 98% and 2.00%, respectively; third, to the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A-1, REMIC 2 Regular Interest LT2D-1 and REMIC 2 Regular Interest LT2E-1, 98%, 1.00% and 1.00%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2D-1 has been reduced to zero; and fourth, to the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A-1, REMIC 2 Regular Interest LT2C-1 and REMIC 2 Regular Interest LT2E-1, 98%, 1.00% and 1.00%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2C-1 has been reduced to zero.
(f) All Realized Losses on the Group II Regular Interests Mortgage Loans shall be deemed to have been allocated in the proportion that Realized Losses are allocated specified percentages, as follows: first, to Uncertificated Accrued Interest payable to the related Uncertificated Corresponding Component. As used herein, REMIC 2 Regular Interest LT2A-2 and REMIC 2 Regular Interest LT2H-2 up to an allocation of a Realized Loss on a "PRO RATA basis" among aggregate amount equal to the REMIC I Regular Interests (other than 2 Group II Interest Loss Allocation Amount, 98% and 2.00%, respectively; second, to the Uncertificated Principal Balances of REMIC I 2 Regular Interest I-LTP) means LT2A-2 and REMIC 2 Regular Interest LT2H-2 up to an allocation on a PRO RATA basis among aggregate amount equal to the REMIC I Regular Interests (other than 2 Principal Loss Allocation Amount 2, 98% and 2.00%, respectively; third, to the Uncertificated Principal Balances of REMIC I 2 Regular Interest I-LTP) on LT2A-2, REMIC 2 Regular Interest LT2G-2 and REMIC 2 Regular Interest LT2H-2, 98%, 1.00% and 1.00%, respectively, until the basis Uncertificated Principal Balance of their then outstanding REMIC 2 Regular Interest LT2G-2 has been reduced to zero; fourth, to the Uncertificated BalancesPrincipal Balances of REMIC 2 Regular Interest LT2A-2, in each case prior REMIC 2 Regular Interest LT2F-2 and REMIC 2 Regular Interest LT2H-2, 98%, 1.00% and 1.00%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2F-2 has been reduced to giving effect zero; and fifth, to distributions the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2A-2, REMIC 2 Regular Interest LT2E-2 and REMIC 2 Regular Interest LT2H-2, 98%, 1.00% and 1.00%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2E-2 has been reduced to be made on such Distribution Datezero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mort Loan Tr 2001-4 as Bk Cert Ser 2001-4)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' ’ Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated or covered by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-7 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-5 Certificates until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-4 Certificates until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and sixththirteenth, concurrently, to the Class A-1 Certificates, Class A-2 Certificates, until Class A-3 Certificates and Class A-4 Certificates on a pro rata basis based on the Certificate Principal Balance thereof has of each such Class of Certificates, until their respective Certificate Principal Balances have been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 A Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vi). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM9 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM9 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM8 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM8 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM7 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM7 has been reduced to zero; seventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; eighth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; ninth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero; and thirteenth, concurrently, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Xxxxxxxx X-XXX0, X-XXX0, X-XXX0 and I-LTA4 on a pro rata basis, and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until their respective Uncertificated Balance of REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Rfc1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; and second, to the Class CE X Certificates, until the Overcollateralized Amount thereof has been reduced to zero. Thereafter, any Applied Realized Loss Amounts shall be allocated; first, to the Class B Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdsecond, to the Class M-3 M2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthand third, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. 103 Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Subordinated Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE X Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(3)(xv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Pass Through Certificates Series 2002 He2)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master each Servicer shall determine as to each Mortgage Loan and REO PropertyProperty serviced by it: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Distribution Date, the Master each Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient Valuations made during the related Prepayment Period 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 each Servicer shall be either included in the related Remittance Report ( in form and format reasonably required and mutually agreed upon by Servicer and Master Servicer) or evidenced by an Officers' ’ Certificate delivered to the Trustee Trust Administrator by the Master related Servicer prior to the Determination Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and zero; sixth, to the Class A-2 M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All With respect to the REMIC I Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date first, to REMIC I Regular Interest I until the Uncertificated Balance has been reduced to zero and then to REMIC I Regular Interest I-1-A through I-43-B and REMIC I Regular Interests I-1-A through I-31-B, starting with the lowest numerical denomination until the Uncertificated Balance of each such REMIC I Regular Interest is reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated (y) first to the REMIC I Group I Regular Interests pro rata between such REMIC I Regular Interests and (z) then to the REMIC I Group II Regular Interests pro rata between such REMIC I Regular Interests.
(d) With respect to the REMIC II Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM11 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM10 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM9 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM7 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM6 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero; and thirteenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-He1)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), ) and shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixthseventh, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM5 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM5 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM4 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.REMIC
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Sec as-BCKD Pass-THR Cert Ser 2003-7)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination 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 Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trustee Trust Administrator 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and zero; sixth, to the Class A-2 M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and eleventh, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All With respect to the REMIC I Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated shall be allocated by the Trust Administrator on each Distribution Date to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-43-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) With respect to the REMIC II Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM9 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM8 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM7 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM7 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM6 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM6 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero; and eleventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Fre1)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: firstamong the Class CE Certificates on a PRO RATA basis based on, and to Net Monthly Excess Cashflowthe extent of, one month's interest at the then applicable Pass-Through Rate on the respective Notional Amount of each such Certificate pursuant to Section 1.02 after the allocation thereto of certain interest shortfalls as provided in Section 1.02; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-6 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero; fourth, to the Class M-5 Certificates, until the Certificate Principal Balances thereof has been reduced to zero; fourthfifth, to the Class M-4A Certificates and the Class M-4B Certificates, on a PRO RATA basis based on the Certificate Principal Balance of each such Class, until the Certificate Principal Balances of such Classes have been reduced to zero; sixth, to the Class M-3 Certificates, the Class M-3A Certificates and the Class M-3B Certificates, on a PRO RATA basis based on the Certificate Principal Balance of each such Class, until the Certificate Principal Balances of such Classes have been reduced to zero; seventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthzero and eighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT1PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group I Mortgage Loans shall be allocated to REMIC 1 Regular Interest I-LT1, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group I Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT1PF until the Uncertificated Balance thereof has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT2PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2PF until the Uncertificated Balance thereof has been reduced to zero. All Realized Losses on the Group III Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT3PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group III Mortgage Loans shall be allocated to REMIC 1 Regular Interest I-LT3, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group III Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT3PF until the Uncertificated Balance thereof has been reduced to zero.
(i) The REMIC II Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest I-LT1II- LTAA, REMIC I II Regular Interest III-LT6 LTM6 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balances of REMIC II Regular Interest II-LTM6 has been reduced to zero; fourth to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1.00%, and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; fifth to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4A, REMIC II Regular Interest II-LTM4B and REMIC II Regular Interest II-LTZZ, 98% (with respect to REMIC II Regular Interest II-LTAA), 1% (PRO RATA, with respect to the REMIC II Regular Interest II-LTM4A and REMIC II Regular Interest II-LTM4B) and 1% (with respect to REMIC II Regular Interest II-LTZZ), until the Uncertificated Balances of REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTM4B have been reduced to zero; sixth to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3, REMIC II Regular Interest II-LTM3A, REMIC II Regular Interest II-LTM3B and REMIC II Regular Interest II-LTZZ, 98% (with respect to REMIC II Regular Interest II-LTAA), 1% (PRO RATA, with respect to the REMIC II Regular Interest II-LTM3, REMIC II Regular Interest II-LTM3A and REMIC II Regular Interest II-LTM3B) and 1% (with respect to REMIC II Regular Interest II-LTZZ), until the Uncertificated Balances of REMIC II Regular Interest II-LTM3, REMIC II Regular Interest II-LTM3A and REMIC II Regular Interest II-LTM3B have been reduced to zero; seventh to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM2 has been reduced to zero; fourthzero and eighth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM1 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero.
(dii) All The REMIC II Sub WAC Allocation Percentage of all Realized Losses shall be applied after all distributions have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC II Regular Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group, plus any amounts remaining in the related Pre-Funding Account (exclusive of investment income therein); second, to each REMIC II Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC II Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group, plus any amounts remaining in the related Pre-Funding Account (exclusive of investment income therein) over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC II Regular Interests such that the REMIC II Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated by the Trustee on each Distribution Date among the to REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest III-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset Backed Pass THR Certs Se 03 11)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' ’ Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; , second, to interest accrued on the Class CE-1 Certificates, third, to the Class CE CE-1 Certificates, until the Certificate Principal Balance thereof of the Class CE-1 Certificates has been reduced to zero; third, fourth, to the Class CE-2 Certificates, until the Certificate Principal Balance of the Class CE-2 Certificates has been reduced to zero, fifth, to the Class M-10 Certificates until the Certificate Principal Balance of the Class M-10 Certificates has been reduced to zero, sixth, to the Class M-9 Certificates until the Certificate Principal Balance of the Class M-9 Certificates has been reduced to zero, seventh, to the Class M-8 Certificates until the Certificate Principal Balance of the Class M-8 Certificates has been reduced to zero, eighth, to the Class M-7 Certificates until the Certificate Principal Balance of the Class M-7 Certificates has been reduced to zero, ninth, to the Class M-6 Certificates until the Certificate Principal Balance of the Class M-6 Certificates has been reduced to zero, tenth, to the Class M-5 Certificates until the Certificate Principal Balance of the Class M-5 Certificates has been reduced to zero, eleventh, to the Class M-4 Certificates, until the Certificate Principal Balance of the Class M-4 Certificates has been reduced to zero, twelfth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof of the Class M-3 Certificates has been reduced to zero; fourth, thirteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof of the Class M-2 Certificates has been reduced to zero; fifthzero and thirteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to of the Class A-2 Certificates, until the Certificate Principal Balance thereof M-1 Certificates has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, CE-1 Certificate or Class CE-2 Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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.
(ci) All Realized Losses on the Group I Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest I until the Uncertificated Balance of such REMIC I Regular Interest has been reduced to zero and second, to REMIC I Regular Interest I-1-A through REMIC I Regular Interest I-48-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests. All Realized Losses on the Group II Mortgage Loans shall be allocated on each Distribution Date first, to REMIC I Regular Interest II until the Uncertificated Balance of such REMIC I Regular Interest has been reduced to zero and second, to REMIC I Regular Interest II-1-A through REMIC I Regular Interest II-48-B, starting with the lowest numerical denomination until such REMIC I Regular Interest has been reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(ii) (a) The REMIC II Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest I-LT6 II- LTM10 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM10 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM9 has been reduced to zero; fifthfifht, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM8 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM7 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM7 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM6 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM6 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero; and twelfth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2005-D)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-4 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthfifth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xiv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM4 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM4 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM3 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM2 has been reduced to zero zero; and sixth, sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Sal Home Equ Ln Tr Ser 2002 Wmc1)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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 114 allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT1PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first two Distribution Dates, all Realized Losses on the Initial Group I Mortgage Loans shall be allocated to REMIC 1 Regular Interest I-LT1, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group I Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT1PF until the Uncertificated Principal Balance thereof has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT2PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first two Distribution Dates, all Realized Losses on the Initial Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2PF until the Uncertificated Principal Balance thereof has been reduced to zero.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC II Regular Interest II-LT1 until the Uncertificated Balance thereof has been reduced to zero and then to REMIC II Regular Interest II-LTS, until the Uncertificated Balance thereof has been reduced to zero.
(e) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I III Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I III Regular Interest IIII-LT1 LTAA and REMIC I III Regular Interest IIII-LT7 LTZZ up to an aggregate amount equal to the REMIC I III Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I III Regular Interest IIII-LT1 LTAA and REMIC I III Regular Interest IIII-LT7 LTZZ up to an aggregate amount equal to the REMIC I III Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest I-LT6 III- LTM3 and REMIC I III Regular Interest IIII-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT6 LTM3 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest IIII-LT5 LTM2 and REMIC I III Regular Interest IIII-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT5 LTM2 has been reduced to zero; fifth, and fifth to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest IIII-LT4 LTM1 and REMIC I III Regular Interest IIII-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Sec Inc Asset Backed Thru Cer Ser 2002-5)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) 119 the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to the NIMS Insurer 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 If on any Distribution Date after giving effect to all Realized Losses on incurred with respect to the Mortgage Loans allocated during or prior to any REMIC II Regular the related Due Period and distributions of principal with respect to the Class A Certificates and the Mezzanine Certificates on such Distribution Date, the Uncertificated Principal Balance of the Class C Interest pursuant is equal to Section 4.04(c)zero, Realized Losses equal to the Undercollateralized Amount shall be allocated by the Trustee on each such Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, first to the Class CE M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, second to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, third to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, fourth to the Class M-2 Certificates, Certificates until the Certificate Principal Balance thereof has been reduced to zero; fifth, and fifth to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, Certificates until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes the Mezzanine Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided abovein Section 4.01. All references above to the Certificate Principal Balance of any Class of the Mezzanine Certificates shall be to the Certificate Principal Balance of such Class the Mezzanine Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, Mezzanine Certificates on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of Class A Certificates, the Class A-1 S Certificates or the Class P Certificates. As used hereinAny Realized Losses that reduce the distributions in respect of and/or the Uncertificated Principal Balance of the Class C Interest, an allocation shall be allocated by the Trustee to reduce the distributions in respect of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among and/or 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 Balance of the Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced therebyC Certificates.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC 1 Regular Interest LT1-1 and REMIC 1 Regular Interest LT1-2, until the Uncertificated Principal Balance of each such REMIC 1 Regular Interest has been reduced to zero and then to REMIC 1 Regular Interests LT1-S1-A, LT1-S1-B, LT1-S1-C, LT1-S1-D, LT1-S1-E, LT1-S2-A, LT1-S2-B, LT1-S2-C, LT1-S2-D and LT1-S2-E, until the Uncertificated Principal Balances have been reduced to zero.
(d) The REMIC 2 Marker Allocation Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date 120 to the following REMIC I 2 Regular Interests in the specified percentages, as follows: first, to Uncertificated Accrued Interest payable to the REMIC I 2 Regular Interest ILT2-LT1 AA and REMIC I 2 Regular Interest ILT2-LT7 ZZ up to an aggregate amount equal to the REMIC I 2 Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Principal Balances of the REMIC I 2 Regular Interest ILT2-LT1 AA and REMIC I 2 Regular Interest ILT2-LT7 ZZ up to an aggregate amount equal to the REMIC I 2 Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Principal Balances of REMIC I 2 Regular Interest ILT2-LT1AA, REMIC I 2 Regular Interest ILT2-LT6 M5 and REMIC I 2 Regular Interest ILT2-LT7ZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Principal Balance of REMIC I 2 Regular Interest ILT2-LT6 M5 has been reduced to zero; fourth, to the Uncertificated Principal Balances of REMIC I 2 Regular Interest ILT2-LT1AA, REMIC I 2 Regular Interest ILT2-LT5 M4 and REMIC I 2 Regular Interest ILT2-LT7ZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Principal Balance of REMIC I 2 Regular Interest ILT2-LT5 M4 has been reduced to zero; fifth, fifth to the Uncertificated Principal Balances of REMIC I 2 Regular Interest ILT2-LT1AA, REMIC I 2 Regular Interest ILT2-LT4 M3 and REMIC I 2 Regular Interest ILT2-LT7ZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Principal Balance of REMIC I 2 Regular Interest ILT2-LT4 M3 has been reduced to zero and sixth, zero; sixth to the Uncertificated Principal Balances of REMIC I 2 Regular Interest ILT2-LT1AA, REMIC I 2 Regular Interest ILT2-LT3 M2 and REMIC I 2 Regular Interest ILT2-LT7ZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Principal Balance of REMIC I 2 Regular Interest ILT2-LT3 M2 has been reduced to zero; and seventh to the Uncertificated Principal Balances of REMIC 2 Regular Interest LT2-AA, REMIC 2 Regular Interest LT2-M1 and REMIC 2 Regular Interest LT2-ZZ, 98%, 1% and 1%, respectively, until the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2-M1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Loan 2003-2)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated to any REMIC I Regular Interest pursuant to Section 4.04(c), any REMIC II Regular Interest pursuant to Section 4.04(c), 4.04(d) and shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and sixth, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.the
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset Back Pas THR Certs Ser 2003 5)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be covered or allocated by the Trustee on each Distribution Date as follows: first, by any amounts available from the Swap Agreement for such Distribution Date pursuant to Section 4.07; second, to Net Monthly Excess CashflowCash Flow; secondthird, to the Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; fourth, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdfifth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof is reduced to zero; sixth, to the Class M-10 Certificates until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-9 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-8 Certificates until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-7 Certificates until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, fourteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, fourteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero, and sixthfifteenth, concurrently, to the Class A-2 A-1 Certificates, until Class A-2 Certificates and Class A-3 Certificates on a pro-rata basis based on the Certificate Principal Balance thereof has of each such Class of Certificates, until their respective Certificate Principal Balances have been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 A Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vi). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 LTAA and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM10 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM10 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM9 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM9 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM8 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM7 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM6 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; tenth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM4 has been reduced to zero; eleventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM3 has been reduced to zero; twelfth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; thirteenth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero; and fourteenth, concurrently, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Xxxxxxxx X-XXX0, X-XXX0, X-XXX0, on a pro-rata basis, and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until their respective Uncertificated Balance of REMIC I Regular Interest has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2005-Nc5)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE Certificates for the related Interest Accrual Period; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, M-6 Certificates until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, seventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixtheighth, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificates shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(v). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM6 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM5 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM5 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM4 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM4 has been reduced to zero and sixth, zero; sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM3 has been reduced to zero; seventh to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM2 has been reduced to zero; and eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM1 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I- LT2 on a PRO RATA basis based on their respective Uncertificated Balances.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 and REMIC I II Regular Interest III-LT7 LT6 up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 and REMIC I II Regular Interest III-LT7 LT6 up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1, REMIC I II Regular Interest III-LT6 LT5 and REMIC I II Regular Interest III-LT7LT6, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LT5 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1, REMIC I II Regular Interest III-LT5 LT4 and REMIC I II Regular Interest III-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LT4 has been reduced to zero; fifth, and fifth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1, REMIC I II Regular Interest III-LT4 LT3 and REMIC I II Regular Interest III-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest III-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon BRS MRT Sec Vii Inc New Cent Hm Eq L Tr Ser 2001-Nc1)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-5 Certificates, until the Certificate Principal Balances thereof has been reduced to zero; fifth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand eighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT1PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group I Mortgage Loans shall be allocated to REMIC 1 Regular Interest I-LT1, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group I Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT1PF until the Uncertificated Balance thereof has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT2PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group II Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT2PF until the Uncertificated Balance thereof has been reduced to zero. All Realized Losses on the Group III Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT3PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group III Mortgage Loans shall be allocated to REMIC 1 Regular Interest I- LT3, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group III Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT3PF until the Uncertificated Balance thereof has been reduced to zero. All Realized Losses on the Group IV Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT4PF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first three Distribution Dates, all Realized Losses on the Initial Group IV Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT4, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Group IV Mortgage Loans shall be allocated to REMIC I Regular Interest I-LT4PF until the Uncertificated Balance thereof has been reduced to zero. 138
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date, first to REMIC II Regular Interest II-LT1, REMIC II Regular Interest II- LT2, REMIC II Regular Interest II-LT3 and REMIC II Regular Interest II-LT4, until the Uncertificated Balance of each such REMIC II Regular Interest has been reduced to zero and then to REMIC II Regular Interest II-LTS1A, REMIC II Regular Interest II-LTS1B, REMIC II Regular Interest II-LTS1C, REMIC II Regular Interest II-LTS1D, REMIC II Regular Interest II-LTS1E, REMIC II Regular Interest II-LTS2A, REMIC II Regular Interest II-LTS2B, REMIC II Regular Interest II-LTS2C, REMIC II Regular Interest II-LTS2D and REMIC II Regular Interest II-LTS2E, until the Uncertificated Balances have been reduced to zero.
(i) The REMIC III Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I III Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I III Regular Interest IIII-LT1 LTAA and REMIC I III Regular Interest IIII-LT7 LTZZ up to an aggregate amount equal to the REMIC I III Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I III Regular Interest IIII-LT1 LTAA and REMIC I III Regular Interest IIII-LT7 LTZZ up to an aggregate amount equal to the REMIC I III Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest IIII-LT6 LTM6 and REMIC I III Regular Interest IIII-LT7LTZZ, ____98%, 1.00% and 1%, respectively, until the Uncertificated Balances of REMIC III Regular Interest III-LTM6 has been reduced to zero; fourth to the Uncertificated Balances of REMIC III Regular Interest III-LTAA, REMIC III Regular Interest III-LTM5 and REMIC III Regular Interest III-LTZZ, 98%, 1.00%, and 1%, respectively, until the Uncertificated Balance of REMIC III Regular Interest III-LTM5 has been reduced to zero; fifth to the Uncertificated Balances of REMIC III Regular Interest III-LTAA, REMIC III Regular Interest III-LTM4 and REMIC III Regular Interest III-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT6 LTM4 has been reduced to zero; fourth, sixth to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest IIII-LT5 LTM3 and REMIC I III Regular Interest IIII-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT5 LTM3 has been reduced to zero; fifth, seventh to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest IIII-LT4 LTM2 and REMIC I III Regular Interest IIII-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT4 LTM2 has been reduced to zero zero; and sixtheighth, to the Uncertificated Balances of REMIC I III Regular Interest IIII-LT1LTAA, REMIC I III Regular Interest IIII-LT3 LTM1 and REMIC I III Regular Interest IIII-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I III Regular Interest IIII-LT3 LTM1 has been reduced to zero.
(dii) All The REMIC III Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC III Regular Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC III Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC III Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount 139 of Realized Losses shall be applied to such REMIC III Regular Interests such that the REMIC II Regular Interests in the proportion that III Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses are shall be allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I III Regular Interest IIII-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc Series 2003-6)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixthseventh, with respect to Realized Losses on the Group II Mortgage 106 Loans, to the Class A-2 A-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Mezzanine Certificate or a Mezzanine Class A-3 Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates, the Class A-2 Certificates, the Class A-4 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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.
(ci) All The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 I- LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM4 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM4 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM3 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM2 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero; and seventh, with respect to Realized Losses on the Group II Mortgage Loans, to the Uncertificated Balances of REMIC I Regular Interest I- LTAA, REMIC I Regular Interest I-LTA3 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, 107 respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTA3 has been reduced to zero.
(dii) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificates in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset Back Ps THR Certs Ser 2003-Ar2)
Allocation of Realized Losses. (a) Prior to each Determination Date, the Master each Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Date, the Master each Servicer shall also determine as to each Mortgage Loan: (A) the total amount of Realized Losses, if any, incurred in connection with any Deficient 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 Trustee and the NIMs Insurer by the Master such 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; and second, to the Class CE X Certificates, until the Certificate Principal Balance thereof has been reduced to zero. Thereafter, any Applied Realized Loss Amounts shall be allocated; first, to the Class B Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdsecond, to the Class M-3 M2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthand third, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Subordinated Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE X Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(3)(xv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All . Notwithstanding any other provision of Section 4.04, Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date first to the following REMIC Class R-I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable Certificates to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up extent of any amount otherwise distributable to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zerosuch Certificates.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class MV-6 Certificates and the MF-6 Certificates, on a PRO RATA basis based on the Certificate Principal Balance of each such Class, until the Certificate Principal Balances of such Classes have been reduced to zero; fourth, to the Class M-5 Certificates, until the Certificate Principal Balances thereof has been reduced to zero; fifth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthseventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fiftheighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixthninth, with respect to Realized Losses on the Group I Mortgage Loans, to the Class A-2 AV-1B Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Mezzanine Certificate or a Mezzanine Class AV-1B Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates (other than the Class AV-1B Certificates) or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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.
(ci) All The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 I- LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTMV6 and REMIC I Regular Interest I-LT7LTMF6 and REMIC I Regular Interest I-LTZZ, ____98%, 0.50%, 0.50% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTMV6 and REMIC I Regular Interest I-LTMF6 has been reduced to zero; fourth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1.00%, and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; fifth to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I- LTM4 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM4 has been reduced to zero; fourth, sixth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM3 has been reduced to zero; fifth, seventh to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM2 has been reduced to zero and sixthzero; eighth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated ; and nineth, to the related Uncertificated Corresponding Component. As used herein, an allocation Balances of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than LTAA, REMIC I Regular Interest I-LTPLTAV2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTAV2 has been reduced to zero
(ii) on the basis The REMIC I Sub WAC Allocation Percentage of their then outstanding Uncertificated Balances, in each case prior to giving effect to all Realized Losses shall be applied after all distributions to be have been made on each Distribution Date first, so as to keep the Uncertificated Balance of each REMIC I Regular Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such Distribution DateREMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses shall be applied to such REMIC I Regular Interests such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc Asst Back Pass THR Certs Ser 2003-W3)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 If on any Distribution Date after giving effect to all Realized Losses on incurred with respect to the Mortgage Loans allocated during or prior to any REMIC II Regular Interest pursuant the related Due Period and distributions of principal with respect to Section 4.04(c)the Class A Certificates, the Mezzanine Certificates and the Class B Certificates on such Distribution Date, the Certificate Principal Balance of the Class C Certificates is equal to zero, Realized Losses equal to the Undercollateralized Amount shall be allocated by the Trustee on each such Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE B Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, second, to the Class M-3 M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, third, to the Class M-2 M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, fourth, to the Class M-1 M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and zero, fifth, to the Class M-5 Certificates until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class A-2 CertificatesM-4 Certificates until the Certificate Principal Balance thereof has been reduced to zero, seventh, to the Class M-3 Certificates until the Certificate Principal Balance thereof has been reduced to 106 zero, eighth, to the Class M-2 Certificates until the Certificate Principal Balance thereof has been reduced to zero, and ninth, to the Class M-1 Certificates until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes the Mezzanine Certificates and the Class B Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided abovein Section 4.01. All references above to the Certificate Principal Balance of any the Mezzanine Certificates and the Class of B Certificates shall be to the Certificate Principal Balance of such the Mezzanine Certificates and the Class B Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized LossesLosses or increase thereof by any Subsequent Recoveries, in each case to be allocated to such Mezzanine Certificates and Class of Certificates, B Certificates on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Mezzanine Certificate or a Mezzanine Class B Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of Class A Certificates, the Class A-1 S Certificates or the Class P Certificates.
(c) On each Distribution Date, the Trustee shall allocate Realized Losses among the REMIC 1 Regular Interests as follows: first to REMIC 1 Regular Interest LT1-A, then to REMIC 1 Regular Interest LT1-P, then pro rata among REMIC 1 Regular Interests LT1-S1, LT1-S2, LT2-S3, and LT2-S3.
(d) On each Distribution Date, the Trustee shall allocate Realized Losses among the REMIC 2 Regular Interests (other than REMIC 2 Regular Interests LT2-S1. As used hereinLT2-S2, an allocation LT2-S3, and LT2-S4) such that after all distributions and allocations have been made for such Distribution Date: (i) the Uncertificated Principal Balances of a REMIC 2 Regular Interests LT2-A, LT2-M1, LT2-M2, LT2-M3, LT2-M4, LT2-M5, LT2-M6, LT2-M7, LT2-M8, and LT2-B equals 1% of the Certificate Principal Balance of the respective Corresponding Certificates after such Distribution Date, and (ii) the Uncertificated Principal Balance of REMIC 2 Regular Interest LT2-ZZ equals 1% of the aggregate Certificate Principal Balance of all the Certificates after such Distribution Date plus 1% of the Overcollateralized Amount.
(e) If on any Distribution Date Allocated Realized Loss Amounts are to be reinstated due to Subsequent Recoveries, the Allocated Realized Loss Amounts shall be reinstated by the Trustee on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among such Distribution Date to increase the various Classes so specified, to each such Class of Certificates on the basis of their then outstanding Certificate Principal Balances prior of the Mezzanine Certificates and the Class B Certificates in the following order of priority, in each case until the related Allocated Realized Loss Amount has been reduced to giving effect zero: first to the Class M-1 Certificates, second to the Class M-2 Certificates, third to the Class M-3 Certificates, fourth to the Class M-4 Certificates, fifth to the Class M-5 Certificates, sixth to the Class M-6 Certificates, seventh to the Class M-7 Certificates, eighth to the Class M-8 Certificates and ninth to the Class B Certificates. All Subsequent Recoveries to be allocated to the Certificate Principal Balances of the Mezzanine Certificates or the Class B Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided in Section 4.01. All references above to the Certificate Principal Balance of the Mezzanine 107 Certificates and the Class B Certificates shall be to the Certificate Principal Balance of the Mezzanine Certificates and the Class B Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses or increase thereof by any Subsequent Recoveries, in each case to be allocated to the Mezzanine Certificates and the Class B Certificates on such Distribution Date. All Any Allocated Realized Losses and all other losses allocated Loss Amounts to be reinstated to a Certificate on any Distribution Date due to Subsequent Recoveries shall be made by increasing the Certificate Principal Balance thereof by the amount so reinstated. No allocations of any Subsequent Recoveries shall be made to the Class A Certificates, the Class S Certificates or the Class P Certificates.
(f) (i) If on any Distribution Date Subsequent Recoveries occurred in the related Prepayment Period, the amount of Certificates hereunder will such Subsequent Recoveries shall be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(c) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I 1 Regular Interests in the specified percentagessame amounts, but in the reverse order, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be were allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Dateunder Section 4.06(c).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Asset-Backed Certs Series 2004-A)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 118 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowreduce the Accrued Certificate Interest on the Class CE Certificates on such Distribution Date; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Realized Losses shall only be allocated to the Class M-1 Certificates in the event that the Certificate Insurer fails to make a required payment under the Certificate Insurance Policy. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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 shall be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(ci) All The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 I- LTZZ up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM3 has been reduced to zero; fourth, 119 fourth to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM2 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM2 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM1 has been reduced to zero zero; and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT3 LTAV2 and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTAV2 has been reduced to zero.
(dii) All The REMIC I Sub WAC Allocation Percentage of all Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee applied after all distributions have been made on each Distribution Date among first, so as to keep the Uncertificated Balance of each REMIC II I Regular Interests Interest ending with the designation "GRP" equal to 0.01% of the aggregate Stated Principal Balance of the Mortgage Loans in the proportion related Loan Group; second, to each REMIC I Regular Interest ending with the designation "SUB," so that the Uncertificated Balance of each such REMIC I Regular Interest is equal to 0.01% of the excess of (x) the aggregate Stated Principal Balance of the Mortgage Loans in the related Loan Group over (y) the current Certificate Principal Balance of the Class A Certificate in the related Loan Group (except that if any such excess is a larger number than in the preceding distribution period, the least amount of Realized Losses are allocated shall be applied to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the such REMIC I Regular Interests (other than such that the REMIC I Subordinated Balance Ratio is maintained); and third, any remaining Realized Losses shall be allocated to REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution DateLTXX.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc Asset Back Thru Cert Series 203-W6)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), ) on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(xiii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-I- LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, fourth to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, zero; fifth to the Uncertificated Balances of REMIC I Regular Interest I-I- LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT6, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee Trust Administrator on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA pro rata basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Inc Fl Rte Cert Se 1999-Nc4)
Allocation of Realized Losses. (a) Prior to each Determination Date, the Master each Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination Date, the Master each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master a Servicer shall be evidenced by an Officers' Certificate delivered to the Trustee Trustee, the Certificate Insurer and the Guarantor by the Master related 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 Group I Mortgage Loans allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowthe Accrued Certificate Interest for the Class CE-I Certificates for the related Interest Accrual Period; second, to the Accrued Certificate Interest for the Class CE CertificatesCE-II Certificates and the Class CE-III Certificates for the related Interest Accrual Period, until on a PRO RATA -148- basis based on the Accrued Certificate Principal Balance thereof has been reduced to zero; Interest for each such Class, third, to the Class M-3 CE-I Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 CE-II Certificates and the Class CE-III Certificates, on a PRO RATA basis based on the Certificate Principal Balance of each such Class, fifth, to the Class B-I Certificates until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-I-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and seventh, to the Class M-I-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trustee on each Distribution Date as follows: first, to the Accrued Certificate Interest for the Class CE-II Certificates for the related Interest Accrual Period; second, to the Accrued Certificate Interest for the Class CE-I Certificates and the Class CE-III Certificates for the related Interest Accrual Period, on a PRO RATA basis based on the Accrued Certificate Interest for each such Class, third, to the Class CE-II Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class CE-I Certificates and the Class CE-III Certificates, on a PRO RATA basis based on the Certificate Principal Balance of each such Class, fifth, to the Class M-1 Certificates, B-II Certificates until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 M-II Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses on the Group III Mortgage Loans shall be allocated by the Trustee on each Distribution Date as follows: first, to the Accrued Certificate Interest for the Class CE-III Certificates for the related Interest Accrual Period; second, to the Accrued Certificate Interest for the Class CE-I Certificates and the Class CE-II Certificates for the related Interest Accrual Period, on a PRO RATA basis based on the Accrued Certificate Interest for each such Class, third, to the Class CE-III Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class CE-I Certificates and the Class CE-II Certificates, on a PRO RATA basis based on the Certificate Principal Balance of each such Class, fifth, to the Class B-III Certificates until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class M-III Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each (i) the 1st Distribution Date, to REMIC I-A Regular Interest IA-LT1 until the Uncertificated Balance of such REMIC I-A Regular Interest has been reduced to zero and (ii) any Distribution Date thereafter, to REMIC I-A Regular Interest IA-LT1 and REMIC I-A Regular Interest IA-LT2 until the following Uncertificated Balance of such REMIC I-A Regular Interest has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trustee on (i) the 1st Distribution Date, to REMIC I-B Regular Interest IB-LT1 until the Uncertificated Balance of such REMIC I-B Regular Interest has been reduced to zero and (ii) any Distribution Date thereafter, to REMIC I-B Regular Interest IB-LT1 and REMIC I-B Regular Interest IB-LT2 until the Uncertificated Balance of such REMIC I-B Regular Interest has been reduced to zero. All Realized Losses on the Group III Mortgage Loans shall be allocated by the Trustee on (i) the 1st Distribution Date, to REMIC I-C Regular Interest IC-LT1 until the Uncertificated Balance of such REMIC I-C Regular Interest has been reduced to zero and (ii) any Distribution Date thereafter, to REMIC I-C Regular Interest IC-LT1 and REMIC I-C Regular Interest IC- LT2 until the Uncertificated Balance of such REMIC I-C Regular Interest has been reduced to zero. All Realized Losses on the Group I Regular Interests Mortgage Loans shall be deemed to have been allocated in the specified percentages, as follows: first, to Uncertificated Interest interest payable to the REMIC I II Regular Interest III-LT1 LTAA1 and REMIC I II Regular Interest III-LT7 LTZZ1 up to an aggregate amount equal to the REMIC II Group I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA1 and REMIC I II Regular Interest III-LT7 LTZZ1 up to an aggregate amount equal to the REMIC II Group I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA1, REMIC I II Regular Interest III-LT6 LTB1 and REMIC I II Regular Interest III-LT7LTZZ1, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTB1 has been reduced to zero; , fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA1, REMIC I II Regular Interest III-LT5 LTMI2 and REMIC I II Regular Interest III-LT7LTZZ1, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTMI2 has been reduced to zero; zero and fifth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA1, REMIC I II Regular Interest III-LT4 LTMI1 and REMIC I II Regular Interest III-LT7LTZZ1, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTMI1 has been reduced to zero zero. All Realized Losses on the Group II Mortgage Loans shall be deemed to have been allocated in the specified percentages, as follows: first, to interest payable to the REMIC II Regular Interest II-LTAA2 and sixthREMIC II Regular Interest II-LTZZ2 up to an aggregate amount equal to the REMIC II Group II Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA2 and REMIC II Regular Interest II-LTZZ2 up to an aggregate amount equal to the REMIC II Group II Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA2, REMIC I II Regular Interest III-LT3 LTB2 and REMIC I II Regular Interest III-LT7LTZZ2, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTB2 has been reduced to zero and fourth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA2, REMIC II Regular Interest II- LTM2 and REMIC II Regular Interest II-LTZZ2, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero. All Realized Losses on the Group III Mortgage Loans shall be deemed to have been allocated in the specified percentages, as follows: first, to interest payable to the REMIC II Regular Interest II-LTAA3 and REMIC II Regular Interest II-LTZZ3 up to an aggregate amount equal to the REMIC II Group III Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA3 and REMIC II Regular Interest II-LTZZ3 up to an aggregate amount equal to the REMIC II Group III Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA3, REMIC II Regular Interest II-LTB3 and REMIC II Regular Interest II-LTZZ3, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTB3 has been reduced to zero and fourth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA3, REMIC II Regular Interest II- LTM3 and REMIC II Regular Interest II-LTZZ3, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust, Series 2004-A)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated to any REMIC I Regular Interest pursuant to Section 4.04(c), any REMIC II Regular Interest pursuant to Section 4.04(c), 4.04(d) and shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and sixth, to the Class A-2 M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(vii). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LTPF, until the Uncertificated Balance of each such REMIC I Regular Interest has been reduced to zero; provided however, with respect to the first two Distribution Dates, all Realized Losses on the Initial Mortgage Loans shall be allocated to REMIC 1 Regular Interest I-LT1, until the Uncertificated Balance thereof has been reduced to zero, and all Realized Losses on the Subsequent Mortgage Loans shall be allocated to REMIC I Regular Interest I-LTPF until the Uncertificated Principal Balance thereof has been reduced to zero.
(d) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM4 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM4 has been reduced to zero; fourth, fourth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM3 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM3 has been reduced to zero; fifth, fifth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM2 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM2 has been reduced to zero zero; and sixth, sixth to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM1 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Asset Back Pas THR Certs Ser 2003 5)
Allocation of Realized Losses. (a) Prior to each 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, Bankruptcy Losses, Special Hazard Losses or Extraordinary Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest LT1 pursuant to Section 4.04(c), other than Excess Special Hazard Losses, Excess Fraud Losses, Excess Bankruptcy Losses and Extraordinary Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Notwithstanding anything to the contrary herein, for purposes of determining the Special Hazard Amount, the Fraud Loss Amount and the Bankruptcy Amount as of any date of determination, Special Hazard Losses, Fraud Losses and Bankruptcy Losses paid from Net Monthly Excess Cashflow which would otherwise have been payable to the holders of the Class CE Certificates shall be deemed to have been allocated to the Class CE Certificates. Any Excess Special Hazard Losses, Excess Bankruptcy Losses, Excess Fraud Losses and Extraordinary Losses allocated to REMIC II Regular Interest LT1 pursuant to Section 4.04(c) will be allocated among the Class A Certificates, the Class M-1 Certificates, the Class M-2 Certificates, the Class M-3 Certificates and the Class CE Certificates on a pro rata basis. Any allocation of Realized Losses to a Class A-2 A Certificate, a Class M-1 Certificate, a Class M-2 Certificate or a Mezzanine Class M-3 Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA pro rata basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Mortgage Loans (other than Excess Special Hazard Losses, Excess Fraud Losses, Excess Bankruptcy Losses and Extraordinary Losses) shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT6 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 I- LT6 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7LT6, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifthfourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT6, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixthzero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT6, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero; and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT2 and REMIC I Regular Interest I-LT6, 98%, 1% and 1%, respectively. Any Excess Special Hazard Losses, Excess Bankruptcy Losses, Excess Fraud Losses and Extraordinary Losses will be allocated among the REMIC I Regular Interests on a pro rata basis.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (New Century Asset Backed Float Rate Cert Series 1997-Nc4)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee by the Master Servicer prior to on the Determination Master Servicer Reporting Date immediately following the end of (x) in the case of Bankruptcy Losses allocable to interest, the Due Period during which any such Realized Loss was incurred, and (y) in the case of all other Realized Losses, the Prepayment Period during which any such Realized Loss was incurred.
(b) All Realized Losses on the Mortgage Loans shall be allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand fourth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT5 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 LT5 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7LT5, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero zero; and sixth, fourth to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7LT5, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mort Sec Inc Float Rate Mort Pa Th Cer Ser 2001-1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE CertificatesInterest, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-5 Interest until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-4 Interest, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthsixth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthzero and seventh, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case allocated and any allocation of Realized Losses to a Class CE Certificate, Interest shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(xiv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P CertificatesInterest. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Group I Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I Group I Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest III-LT1LTAA, REMIC I Regular Interest III-LT6 LTM5 and REMIC I Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest II-LTM5 has been reduced to zero; fourth to the Uncertificated Balances of REMIC I Regular Interest II-LTAA, REMIC I Regular Interest II-LTM4 and REMIC I Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest II-LTM4 has been reduced to zero; fifth to the Uncertificated Balances of REMIC I Regular Interest II- LTAA, REMIC I Regular Interest II-LTM3 and REMIC I Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM3 has been reduced to zero; fourth, sixth to the Uncertificated Balances of REMIC I Regular Interest III-LT1LTAA, REMIC I Regular Interest III-LT5 LTM2 and REMIC I Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM2 has been reduced to zero; fifthand seventh to the Uncertificated Balances of REMIC I Regular Interest II-LTAA, REMIC I Regular Interest II-LTM1 and REMIC I Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest II-LTAA and REMIC I Regular Interest II-LTZZ up to an aggregate amount equal to the REMIC I Group II Interest Loss Allocation Amount, 98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest II-LTAA and REMIC I Regular Interest II-LTZZ up to an aggregate amount equal to the REMIC I Group II Principal Loss Allocation Amount, 98% and 2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest III-LT1LTAA, REMIC I Regular Interest III-LT4 LTM5 and REMIC I Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest II-LTM5 has been reduced to zero; fourth to the Uncertificated Balances of REMIC I Regular Interest II-LTAA, REMIC I Regular Interest II-LTM4 and REMIC I Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest II-LTM4 has been reduced to zero; fifth to the Uncertificated Balances of REMIC I Regular Interest II- LTAA, REMIC I Regular Interest II-LTM3 and REMIC I Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 LTM3 has been reduced to zero and sixth, zero; sixth to the Uncertificated Balances of REMIC I Regular Interest III-LT1LTAA, REMIC I Regular Interest III-LT3 LTM2 and REMIC I Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTM2 has been reduced to zero; and seventh to the Uncertificated Balances of REMIC I Regular Interest II-LTAA, REMIC I Regular Interest II-LTM1 and REMIC I Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Brother Mort Sec Inc Sal Hm Eq Ln Tr Ser 2002 Wmc2)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' ’ Certificate delivered to the NIMS Insurer 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 If on any Distribution Date after giving effect to all Realized Losses on incurred with respect to the Mortgage Loans allocated during or prior to any REMIC II Regular the related Due Period and distributions of principal with respect to the Class A Certificates and the Mezzanine Certificates on such Distribution Date, the Uncertificated Principal Balance of the Class C Interest pursuant is equal to Section 4.04(c)zero, Realized Losses equal to the Undercollateralized Amount shall be allocated by the Trustee on each such Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; , second, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, third, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fourth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, fifth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, sixth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, seventh, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, eighth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero, ninth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, tenth, to the Class M-2 Certificates, Certificates until the Certificate Principal Balance thereof has been reduced to zero; fifth, and eleventh, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes the Mezzanine Certificates on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided abovein Section 4.01. All references above to the Certificate Principal Balance of any Class of the Mezzanine Certificates shall be to the Certificate Principal Balance of such Class the Mezzanine Certificates immediately prior to the relevant Distribution Date, before reduction thereof by any Realized LossesLosses or increase thereof by any Subsequent Recoveries, in each case to be allocated to such Class of Certificates, Mezzanine Certificates on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used hereinAny Realized Losses that reduce the distributions in respect of and/or the Uncertificated Principal Balance of the Class C Interest, an allocation shall be allocated by the Trustee to reduce the distributions in respect of a and/or the Certificate Principal Balance of the Class C Certificates. Once Realized Loss Losses have been allocated to the Mezzanine Certificates, such amounts with respect to such Certificates will no longer accrue interest and will not be reinstated after that (other than amounts reinstated due to Subsequent Recoveries on a "PRO RATA basis" among two Liquidated Mortgage Loan), and no funds will be distributable with respect to the allocated amounts or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, with respect to each such Class of Certificates interest or Net WAC Rate Carryover Amounts on the basis of their then outstanding Certificate Principal Balances prior to giving effect to distributions to be made allocated amounts on such that 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 therebyDate or any future Distribution Dates, even if funds are otherwise available for distribution.
(c) All (i) Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I 1 Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to IX. If the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I 1 Regular Interest I-LT6 IX has been reduced to zero; fourth, Realized Losses on the Group I Mortgage Loans shall be allocated to the Uncertificated Balances of remaining REMIC 1 Group I Regular Interest I-LT1Interests in ascending numerical order, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, in each case until the Uncertificated Principal Balance of such REMIC I 1 Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All . Realized Losses on the REMIC Group II Regular Interests Mortgage Loans shall be allocated by the Trustee on each Distribution Date among to REMIC 1 Regular Interest IIX. If the Uncertificated Principal Balance of REMIC 1 Regular Interest IIX has been reduced to zero, Realized Losses on the Group II Mortgage Loans shall be allocated to the remaining REMIC 1 Group II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balancesascending numerical order, in each case prior until the Uncertificated Principal Balance of such REMIC 1 Regular Interest has been reduced to giving effect to distributions to be made on such Distribution Datezero.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-Wl1)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to the NIMS Insurer, the Certificate Insurer, the Trust Administrator and the Trustee (and upon request, to the Guarantor) 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of Class A Certificates, the Class A-1 S Certificates or the Class P Certificates. As used hereinAny Realized Losses that reduce the distributions in respect of and/or the Uncertificated Principal Balance of REMIC 4 Regular Interest LT4-IC or REMIC 4 Regular Interest LT4-IIC, an allocation shall be allocated by the Trust Administrator to reduce the distributions in respect of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among and/or 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 Balance of the Class I-C Certificates and all other losses allocated to a the Class of Certificates hereunder will be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced therebyII-C Certificates, respectively.
(c) All Realized Losses on the Group I Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: firstwith respect to those Group I Mortgage Loans with Adjusted Net Minimum Mortgage Rates of less than 5.25%, to Uncertificated Interest payable to the REMIC I 1 Regular Interest ILT1A-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, B until the Uncertificated Principal Balance of REMIC I Regular Interest I-LT6 thereof has been reduced to zero; fourth, and with respect to the Uncertificated Balances those Group I Mortgage Loans with Adjusted Net Minimum Mortgage Rates of 5.25% or greater, first to REMIC I 1 Regular Interest ILT1A-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, A until the Uncertificated Principal Balance of REMIC I Regular Interest I-LT5 thereof has been reduced to zero; fifth, then to the Uncertificated Balances of each REMIC I Regular 1 IS1 Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, in descending numerical order until the Uncertificated Principal Balance of REMIC I Regular Interest I-LT4 each has been reduced to zero and sixth, zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first to the Uncertificated Balances of REMIC I 1 Regular Interest ILT1B-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, A until the Uncertificated Principal Balance of thereof has been reduced to zero, then to each REMIC I Regular 1 IIS1 Interest I-LT3 in descending numerical order until the Uncertificated Principal Balance thereof has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests Group I Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date among as follows: first to REMIC 2 Regular Interest LT2A-A until the Uncertificated Principal Balance thereof has been reduced to zero, then to each REMIC 2 IS2 Interest in descending numerical order until the Uncertificated Principal Balance of each has been reduced to zero. All Realized Losses on the Group II Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date as follows: first to REMIC 2 Regular Interest LT2B until the Uncertificated Principal Balance thereof has been reduced to zero, then to each REMIC 2 IIS2 Interest in descending numerical order until the Uncertificated Principal Balance of each has been reduced to zero.
(e) All Realized Losses on the Group I Mortgage Loans shall be deemed to have been allocated in the specified percentages, as follows: first, to Uncertificated Accrued Interest payable to the REMIC 3 Regular Interest LT3A-1 and REMIC 3 Regular Interest LT3C-1 up to an aggregate amount equal to the REMIC 3 Group I Interest Loss Allocation Amount, 98% and 2%, respectively; and second, to the Uncertificated Principal Balances of REMIC 3 Regular Interest LT3A-1 and REMIC 3 Regular Interest LT3C-1 up to an aggregate amount equal to the REMIC 3 Principal Loss Allocation Amount 1, 98% and 2%, respectively.
(f) All Realized Losses on the Group II Regular Interests Mortgage Loans shall be deemed to have been allocated in the proportion that Realized Losses are allocated specified percentages, as follows: first, to Uncertificated Accrued Interest payable to the related Uncertificated Corresponding Component. As used herein, REMIC 3 Regular Interest LT3A-2 and REMIC 3 Regular Interest LT3C-2 up to an allocation of a Realized Loss on a "PRO RATA basis" among aggregate amount equal to the REMIC I Regular Interests (other than 3 Group II Interest Loss Allocation Amount, 98% and 2%, respectively; and second, to the Uncertificated Principal Balances of REMIC I 3 Regular Interest I-LTP) means LT3A-2 and REMIC 3 Regular Interest LT3C-2 up to an allocation on a PRO RATA basis among aggregate amount equal to the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances3 Principal Loss Allocation Amount 2, in each case prior to giving effect to distributions to be made on such Distribution Date98% and 2%, respectively.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Asset Backed Cert Ser 2002 3)
Allocation of Realized Losses. (a) Prior to each 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 Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to the NIMs Insurer, 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), Certificate shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE C Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, C Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(d)(ix). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be deemed to have been allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Accrued Interest payable to the REMIC I 1 Regular Interest I-LT1 LT1A and REMIC I 1 Regular Interest I-LT7 LT1J up to an aggregate amount equal to the REMIC I 1 Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Principal Balances of the REMIC I 1 Regular Interest I-LT1 LT1A and REMIC I 1 Regular Interest I-LT7 LT1J up to an aggregate amount equal to the REMIC I 1 Principal Loss Allocation Amount, ___98% and ____1%, respectively; third, to the Uncertificated Principal Balances of REMIC I 1 Regular Interest I-LT1LT1A, REMIC I 1 Regular Interest I-LT6 LT1I and REMIC I 1 Regular Interest I-LT7LT1J, ____98%, 1% and 1%, respectively, until the Uncertificated Principal Balance of REMIC I 1 Regular Interest I-LT6 LT1I has been reduced to zero; fourth, to the Uncertificated Principal Balances of REMIC I 1 Regular Interest I-LT1LT1A, REMIC I 1 Regular Interest I-LT5 LT1H and REMIC I 1 Regular Interest I-LT7LT1J, ____98%, __1% and __1%, respectively, until the Uncertificated Principal Balance of REMIC I 1 Regular Interest I-LT5 LT1H has been reduced to zero; fifth, to the Uncertificated Principal Balances of REMIC I 1 Regular Interest I-LT1LT1A, REMIC I 1 Regular Interest I-LT4 LT1G and REMIC I 1 Regular Interest I-LT7LT1J, ___98%, __1% and ____1%, respectively, until the Uncertificated Principal Balance of REMIC I 1 Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 G has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Backed Certs Series 2000 1)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee and the Certificate Insurer by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowreduce the Accrued Certificate Interest on the Class CE Certificates (after reduction thereof for the interest shortfalls allocated thereto as provided in Section 1.02) on such Distribution Date; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-6 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero; fourth, to the Class M-5 Certificates, until the Certificate Principal Balances thereof has been reduced to zero; fifth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthseventh, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand eighth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(XV). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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 shall be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(ci) All The REMIC I Marker Percentage of all Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM6 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 0.50%, 0.50% and 1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM5 and REMIC I Regular Interest I-LTZZ, 98%, 1.00%, and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LTM5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, 98%, REMIC I Regular Interest II- LTM4 1%, pro rata, and REMIC I Regular Interest I-LTZZ, 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest II-LTM4 have been reduced to zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, 98%, REMIC I Regular Interest I-LTM3, 1%, pro rata, and REMIC I Regular Interest I-LTZZ, 1%, respectively, until the Uncertificated Balances of REMIC I Regular Interest I-LTM3 have been reduced to zero; seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LTM2 and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 LTM2 has been reduced to zero; fourtheighth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM1 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 LTM1 has been reduced to zero; fifthand ninth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTA2A and REMIC I Regular Interest I-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 LTA2A has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc Asst Back Pass THR Certs Ser 20003-W10)
Allocation of Realized Losses. (a) Prior to each 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; and (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each 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 made during the related Prepayment Period Period; and (Bii) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be evidenced by an Officers' Certificate delivered to 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 allocated to any REMIC II Regular Interest LT1 pursuant to Section 4.04(c), ) on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; and fifth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case of a Class CE Certificate, by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 Certificates A or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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) All Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Interest Loss Allocation Amount, _____% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 and REMIC I Regular Interest I-LT7 up to an aggregate amount equal to the REMIC I Principal Loss Allocation Amount, ___% and ____%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT6 and REMIC I Regular Interest I-LT7, ____%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT5 and REMIC I Regular Interest I-LT7, ____%, __% and __%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT4 and REMIC I Regular Interest I-LT7, ___%, __% and ____%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has been reduced to zero and sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1, REMIC I Regular Interest I-LT3 and REMIC I Regular Interest I-LT7, ___%, ___% and ___%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT3 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.such
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Ast Bk Fl Rte Cer Se 1998-Nc6)
Allocation of Realized Losses. (a) Prior to each Determination Distribution Date, the Master Servicer shall determine as to each Mortgage Loan and REO Property: (i) the total amount of Realized Losses, if any, incurred in connection with any Final Recovery Determinations made during the related Prepayment Period; (ii) whether and the extent to which such Realized Losses constituted Bankruptcy Losses Losses; and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to each Determination 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 Period; and (B) the total amount of Realized Losses, if any, incurred in connection with Debt Service Reductions in respect of Monthly Payments due during the related Due Period. The information described in the two preceding sentences that is to be supplied by the Master Servicer shall be either included in the related Remittance Report or evidenced by an Officers' ’ Certificate delivered to the Trustee Trust Administrator by the Master Servicer prior to not later than the Determination 18th of the calendar month in which such Distribution Date occurs (or, if such 18th day is not a Business Day (other than a Saturday), then on the next succeeding Business Day, or, if such 18th day is a Saturday, then on the preceding Business Day), 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee Trust Administrator on each Distribution Date as follows: first, to Net Monthly Excess Cashflow; second, to Net Swap Payments received under the Interest Rate Swap Agreement, third, to payments received under the Cap Contract, fourth, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirdfifth, to the Class M-11 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; sixth, to the Class M-10 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; seventh, to the Class M-9 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eighth, to the Class M-8 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; ninth, to the Class M-7 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; tenth, to the Class M-6 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; eleventh, to the Class M-5 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; twelfth, to the Class M-4 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; thirteenth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthfourteenth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthand fifteenth, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero and sixth, to the Class A-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(5)(iv). No allocations of any Realized Losses shall be made to the Certificate Principal Balances of the Class A-1 A Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA “pro rata basis" ” among two or more specified Classes of Certificates means an allocation on a PRO RATA 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) All With respect to the REMIC I Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trustee Trust Administrator on each Distribution Date first, to REMIC I Regular Interest I until the Uncertificated Balance has been reduced to zero and then to REMIC I Regular Interest I-1-A through I-60-B, starting with the lowest numerical denomination until the Uncertificated Balance of each such REMIC I Regular Interest is reduced to zero, provided that, for REMIC I Regular Interests with the same numerical denomination, such Realized Losses shall be allocated pro rata between such REMIC I Regular Interests.
(d) With respect to the REMIC II Regular Interests, all Realized Losses on the Mortgage Loans shall be allocated by the Trust Administrator on each Distribution Date to the following REMIC I II Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I II Regular Interest III-LT1 LTAA and REMIC I II Regular Interest III-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT6 LTM11 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT6 LTM11 has been reduced to zero; fourth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT5 LTM10 and REMIC I II Regular Interest III-LT7LTZZ, ____98%, __1% and __1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT5 LTM10 has been reduced to zero; fifth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT4 LTM9 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, __1% and ____1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT4 LTM9 has been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I II Regular Interest III-LT1LTAA, REMIC I II Regular Interest III-LT3 LTM8 and REMIC I II Regular Interest III-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance of REMIC I II Regular Interest III-LT3 LTM8 has been reduced to zero; seventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM7 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM7 has been reduced to zero; eighth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM6 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM6 has been reduced to zero; ninth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM5 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM5 has been reduced to zero; tenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM4 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM4 has been reduced to zero; eleventh, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM3 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM3 has been reduced to zero; twelfth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM2 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM2 has been reduced to zero; and thirteenth, to the Uncertificated Balances of REMIC II Regular Interest II-LTAA, REMIC II Regular Interest II-LTM1 and REMIC II Regular Interest II-LTZZ, 98%, 1% and 1%, respectively, until the Uncertificated Balance of REMIC II Regular Interest II-LTM1 has been reduced to zero.
(d) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-He3)
Allocation of Realized Losses. (a) Prior to On or before each 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 Bankruptcy Losses and (iii) the respective portions of such Realized Losses allocable to interest and allocable to principal. Prior to On or before each 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 Trustee and the Certificate Insurer by the Master Servicer prior to on the Determination Master Servicer Reporting 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 allocated to any REMIC II Regular Interest pursuant to Section 4.04(c), shall be allocated by the Trustee on each Distribution Date as follows: first, to Net Monthly Excess Cashflowreduce the Accrued Certificate Interest on the Class CE Certificates (after reduction thereof for the interest shortfalls allocated thereto as provided in Section 1.02) on such Distribution Date; second, to the Class CE Certificates, until the Certificate Principal Balance thereof has been reduced to zero; third, to the Class M-5 Certificates, until the Certificate Principal Balance of such Class has been reduced to zero; fourth, to the Class M-4 Certificates, until the Certificate Principal Balances thereof has been reduced to zero; fifth, to the Class M-3 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fourthsixth, to the Class M-2 Certificates, until the Certificate Principal Balance thereof has been reduced to zero; fifthseventh, to the Class M-1 Certificates, until the Certificate Principal Balance thereof has been reduced to zero zero; and sixtheighth, so long as a Certificate Insurer Default has not occurred, concurrently to each Class of Class A Certificates, on a PRO RATA basis based on their respective Certificate Principal Balances (provided that any Realized Losses allocated to the Class A-2 Certificates, A Certificates will be covered by the Certificate Insurance Policy) until the Certificate Principal Balance thereof of each such Class has been reduced to zero. All Realized Losses to be allocated to the Certificate Principal Balances of all Classes on any Distribution Date shall be so allocated after the actual distributions to be made on such date as provided above. All references above to the Certificate Principal Balance of any Class of Certificates shall be to the Certificate Principal Balance of such Class immediately prior to the relevant Distribution Date, before reduction thereof by any Realized Losses, in each case to be allocated to such Class of Certificates, on such Distribution Date. Any allocation of Realized Losses to a Class A-2 Certificate or a Mezzanine Certificate on any Distribution Date shall be made by reducing the Certificate Principal Balance thereof by the amount so allocated, or in the case ; any allocation of Realized Losses to a Class CE Certificate, Certificate shall be made by reducing the amount otherwise payable in respect thereof pursuant to Section 4.01(a)(4)(x4.01(a)(4)(VI). No allocations of any Realized Losses shall be made to the Certificate Principal Balances Balance of the Class A-1 Certificates or the Class P Certificates. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among two or more specified Classes of Certificates means an allocation on a PRO RATA basis, among the various Classes so specified, to each such Class of Certificates on the basis of 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 shall be allocated among the Certificates of such Class in proportion to the Percentage Interests evidenced thereby.
(ci) All The Realized Losses on the Mortgage Loans shall be allocated by the Trustee on each Distribution Date to the following REMIC I Regular Interests in the specified percentages, as follows: first, to Uncertificated Interest payable to the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Interest Loss Allocation Amount, _____98% and 2%, respectively; second, to the Uncertificated Balances of the REMIC I Regular Interest I-LT1 LTAA and REMIC I Regular Interest I-LT7 LTZZ up to an aggregate amount equal to the REMIC I II Principal Loss Allocation Amount, ___98% and ____2%, respectively; third, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT6 LTM5 and REMIC I Regular Interest I-LT7LTZZ, ____98%, 11.00% and 11.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT6 has LTM5 have been reduced to zero; fourth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT5 LTM4 and REMIC I Regular Interest I-LT7LTZZ, ____98%, __1.00% and __1.00%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT5 has LTM4 have been reduced to zero; fifth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest I-LT4 LTM3 and REMIC I Regular Interest I-LT7LTZZ, ___98%, __% 1.00%, and ____1%, respectively, until the Uncertificated Balance of REMIC I Regular Interest I-LT4 has LTM3 have been reduced to zero and zero; sixth, to the Uncertificated Balances of REMIC I Regular Interest I-LT1LTAA, REMIC I Regular Interest II-LTM2, and REMIC I Regular Interest I-LTZZ, 98%, 1% and 1%, respectively, respectively, until the Uncertificated Balances of REMIC I Regular Interest II-LTM2 have been reduced to zero; and seventh, to the Uncertificated Balances of REMIC I Regular Interest I-LTAA, REMIC I Regular Interest I-LT3 LTM1, and REMIC I Regular Interest I-LT7LTZZ, ___98%, ___1% and ___1%, respectively, until the Uncertificated Balance Balances of REMIC I Regular Interest I-LT3 has LTM1 have been reduced to zero.
(dii) All Realized Losses on the REMIC II Regular Interests shall be allocated by the Trustee on each Distribution Date among the REMIC II Regular Interests in the proportion that Realized Losses are allocated to the related Uncertificated Corresponding Component[reserved]. As used herein, an allocation of a Realized Loss on a "PRO RATA basis" among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) means an allocation on a PRO RATA basis among the REMIC I Regular Interests (other than REMIC I Regular Interest I-LTP) on the basis of their then outstanding Uncertificated Balances, in each case prior to giving effect to distributions to be made on such Distribution Date.105
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc Asset Back Pass THR Certs Ser 2004 W3)