Common use of Application of Default Charges Clause in Contracts

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust with respect to the Mortgage Pool, shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: first, to pay to the Fiscal Agent, Trustee, the Master Servicer or the Special Servicer, in that order, any Advance Interest due and owing to such party on outstanding Advances made thereby with respect to any Mortgage Loan or REO Loan in the Mortgage Pool; second, to reimburse the Trust for any Advance Interest paid to the Trustee, the Fiscal Agent, the Master Servicer or the Special Servicer since the Closing Date with respect to any Mortgage Loan or REO Loan in the Mortgage Pool during the 12-month period preceding the receipt of such Default Charges, which Advance Interest was paid from a source other than Default Charges received on the Mortgage Pool; third, to pay the Special Servicer for Servicing Advances made for the cost of an inspection made on a Specially Serviced Loan; fourth, to reimburse the Trust for any other Additional Trust Fund Expenses incurred with respect to any Mortgage Loan or REO Loan in the Mortgage Pool during the 12-month period prior to the receipt of such Default Charges, which expense was previously paid from a source other than Default Charges received on the Mortgage Pool; and fifth, to pay any remaining portion of such Default Charges as Additional Master Servicing Compensation to the Master Servicer, if such Default Charges were collected with respect to a Performing Loan, and otherwise to pay any remaining portion of such Default Charges as Additional Special Servicing Compensation to the Special Servicer.

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust with respect to the any Pooled Mortgage PoolLoan or REO Pooled Mortgage Loan thereto, shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: first, to pay to the Fiscal Agent, the Trustee, the applicable Master Servicer or the applicable Special Servicer, in that order, any Advance Interest due and owing to such party on outstanding Advances made thereby with respect to any such Mortgage Loan or REO Loan in Mortgage Loan, as the Mortgage Poolcase may be; second, to reimburse the Trust for any Advance Interest paid to the Trustee, the Fiscal Agent, the Trustee, the applicable Master Servicer or the applicable Special Servicer since the Closing Date with respect to any such Mortgage Loan or REO Loan in Mortgage Loan, as the Mortgage Pool during the 12-month period preceding the receipt of such Default Chargescase may be, which Advance Interest interest was paid from a source other than Default Charges received collected on the Mortgage Pool; third, to pay the Special Servicer for Servicing Advances made for the cost of an inspection made on a Specially Serviced Loan; fourth, to reimburse the Trust for any other Additional Trust Fund Expenses incurred with respect to any such Mortgage Loan or REO Loan in Mortgage Loan, as the Mortgage Pool during the 12-month period prior to the receipt of such Default Charges, which expense was previously paid from a source other than Default Charges received on the Mortgage Poolcase may be; and fifththird, to pay any remaining portion of such Default Charges (such remaining portion, "Net Default Charges") as Additional Master Servicing Compensation to the applicable Master Servicer, if such Default Charges were collected with respect to accrued when the loan was not a Performing Specially Serviced Mortgage Loan, and otherwise to pay any remaining portion of such Default Charges as Additional Special Servicing Compensation to the applicable Special Servicer.

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust with respect to any Serviced Pooled Mortgage Loan or REO Pooled Mortgage Loan and (to the extent remitted to the applicable Master Servicer by the related Non-Trust Master Servicer) any and all Default Charges that are actually received by or on behalf of the Trust with respect to any Non-Trust-Serviced Pooled Mortgage Pool, Loan or successor REO Mortgage Loan shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: first, to pay to the Fiscal Agent, the Trustee, the applicable Master Servicer or the applicable Special Servicer, in that order, any Advance Interest due and owing to such party on outstanding Advances made thereby with respect to any such Pooled Mortgage Loan or REO Loan in Pooled Mortgage Loan, as the Mortgage Poolcase may be; second, to reimburse the Trust for any Advance Interest paid to the Trustee, the Fiscal Agent, the Trustee, the applicable Master Servicer or the applicable Special Servicer since the Closing Date with respect to any such Pooled Mortgage Loan or REO Loan in Pooled Mortgage Loan, as the Mortgage Pool during the 12-month period preceding the receipt of such Default Chargescase may be, which Advance Interest interest was paid from a source other than Default Charges received collected on the Mortgage Pool; third, to pay the Special Servicer for Servicing Advances made for the cost of an inspection made on a Specially Serviced Loan; fourth, to reimburse the Trust for any other Additional Trust Fund Expenses incurred with respect to any such Pooled Mortgage Loan or REO Loan in Pooled Mortgage Loan, as the Mortgage Pool during the 12-month period prior to the receipt of such Default Charges, which expense was previously paid from a source other than Default Charges received on the Mortgage Poolcase may be; and fifththird, to pay any remaining portion of such Default Charges (such remaining portion, "Net Default Charges"), in accordance with Section 3.11, as Additional Master Servicing Compensation to the applicable Master Servicer, if such Default Charges were collected with respect to a Performing Loan, and otherwise to pay any remaining portion of such Default Charges Servicer or as Additional Special Servicing Compensation to the applicable Special Servicer, as applicable.

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust with respect to the any Mortgage PoolLoan or REO Mortgage Loan, shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: firstFirst, to pay to the Fiscal Agent, Trustee, the Master Servicer or the Special Servicer, in that order, any Advance Interest due and owing to such party on outstanding Advances made thereby with respect to any such Mortgage Loan or REO Loan in Mortgage Loan, as the Mortgage Poolcase may be; secondSecond, to reimburse the Trust for any Advance Interest paid to the Trustee, the Fiscal Agent, the Master Servicer or the Special Servicer since the Closing Date with respect to any such Mortgage Loan or REO Loan in Mortgage Loan, as the Mortgage Pool during the 12-month period preceding the receipt of such Default Chargescase may be, which Advance Interest interest was paid from a source other than Default Charges received on such Mortgage Loan or REO Mortgage Loan, as the Mortgage Poolcase may be; third, to pay the Special Servicer for Servicing Advances made for the cost of an inspection made on a Specially Serviced Loan; fourthThird, to reimburse the Trust for any other Additional Trust Fund Expenses incurred since the Closing Date with respect to any such Mortgage Loan or REO Loan in Mortgage Loan, as the Mortgage Pool during the 12-month period prior to the receipt of such Default Chargescase may be, which expense was and previously paid from a source other than Default Charges received on such Mortgage Loan or REO Mortgage Loan, as the Mortgage Poolcase may be; and fifthFourth, to pay any remaining portion of such Default Charges as Additional Master Servicing Compensation to the Master Servicer, if such Default Charges were collected with respect to a Performing Mortgage Loan, and otherwise to pay any remaining portion of such Default Charges as Additional Special Servicing Compensation to the Special Servicer.

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust with respect to any Serviced Pooled Mortgage Loan or REO Pooled Mortgage Loan (other than any 1290 Avenue of the Americas REO Pooled Mortgage PoolLoan), shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: first, to pay to the Fiscal Agent, the Trustee, the applicable Master Servicer or the Special Servicer, in that order, any Advance Interest due and owing to such party on outstanding Advances made thereby with respect to any such Serviced Pooled Mortgage Loan or REO Loan in Pooled Mortgage Loan, as the Mortgage Poolcase may be; second, to reimburse the Trust for any Advance Interest paid to the Trustee, the Fiscal Agent, the Trustee, the applicable Master Servicer or the Special Servicer since the Closing Date with respect to any such Serviced Pooled Mortgage Loan or REO Loan in Pooled Mortgage Loan, as the Mortgage Pool during the 12-month period preceding the receipt of such Default Chargescase may be, which Advance Interest interest was paid from a source other than Default Charges received collected on the Mortgage Pool; third, to pay the Special Servicer for Servicing Advances made for the cost of an inspection made on a Specially such Serviced Loan; fourth, to reimburse the Trust for any other Additional Trust Fund Expenses incurred with respect to any Pooled Mortgage Loan or REO Loan in Pooled Mortgage Loan, as the Mortgage Pool during the 12-month period prior to the receipt of such Default Charges, which expense was previously paid from a source other than Default Charges received on the Mortgage Poolcase may be; and fifththird, to pay any remaining portion of such Default Charges (such remaining portion, "Net Default Charges"), in accordance with Section 3.11, as Additional Master Servicing Compensation to the applicable Master Servicer, if such Default Charges were collected with respect to a Performing Loan, and otherwise to pay any remaining portion of such Default Charges Servicer or as Additional Special Servicing Compensation to the Special Servicer, as applicable.

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust with respect to any Mortgage Loan or REO Loan (but, in the case of the Park La Brea Apartments Trust Mortgage PoolLoan or any successor Trust REO Loan with respect thereto, only to the extent of the Default Charges, if any, remitted to the Trust in accordance with the XX Xxxxxx Series 2006-LDP8 Pooling and Servicing Agreement and/or the Park La Brea Apartments Intercreditor Agreement) shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: first, to pay to the any Fiscal Agent, the Trustee, the applicable Master Servicer or the Special Servicer, in that order, any Advance Interest interest due and owing to such party on outstanding Advances made thereby with respect to any such Mortgage Loan or REO Loan in Loan, as the Mortgage Poolcase may be; second, second to reimburse the Trust for pay any Advance Interest paid to the Trustee, the Fiscal Agent, the Master Servicer or outstanding expense incurred by the Special Servicer since in connection with inspecting the Closing Date with respect to any Mortgage Loan related Mortgaged Property or REO Loan in the Mortgage Pool during the 12-month period preceding the receipt of such Default ChargesProperty, which Advance Interest was paid from a source other than Default Charges received on the Mortgage Poolas applicable, pursuant to Section 3.12; third, to pay the Special Servicer for Servicing Advances made for the cost of an inspection made on a Specially Serviced Loan; fourth, to reimburse the Trust appropriate party for any other Additional Trust Fund Expenses outstanding expense incurred thereby with respect to any such Mortgage Loan or REO Loan in Loan, as the Mortgage Pool during the 12-month period prior to the receipt of such Default Chargescase may be, which expense was previously expense, if not paid from a source other than out of Default Charges received collected on such Mortgage Loan or REO Loan, as the Mortgage Poolcase may be, will likely become an Additional Trust Fund Expense; and fifthfourth, to pay (A) if such Mortgage Loan is a Non-Trust Loan, any remaining portion of such Default Charges that is comprised of late payment charges and (B) if such Mortgage Loan is a Trust Mortgage Loan or such REO Loan is a Trust REO Loan, as Additional Master Servicing Compensation the case may be, any remaining portion of such Default Charges, in each case as additional master servicing compensation to the applicable Master Servicer, if such Default Charges (or portion thereof comprised of late payment charges) were collected with respect to when the loan was a Performing non-Specially Serviced Mortgage Loan, and otherwise to pay (X) if such Mortgage Loan is a Non-Trust Loan, any remaining portion of such Default Charges that is comprised of late payment charges and (Y) if such Mortgage Loan is a Trust Mortgage Loan or such REO Loan is a Trust REO Loan, as Additional Special Servicing Compensation the case may be, any remaining portion of such Default Charges, in each case as additional special servicing compensation to the Special Servicer.

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust with respect to the Mortgage Pool, shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: first, to pay to the Fiscal Agent, the Trustee, the Master Servicer or the Special Servicer, in that order, any Advance Interest due and owing to such party on outstanding Advances made thereby with respect to any Mortgage Loan or REO Loan in the Mortgage Pool; second, to reimburse the Trust for any Advance Interest paid to the TrusteeFiscal Agent, the Fiscal AgentTrustee, the Master Servicer or the Special Servicer since the Closing Date with respect to any Mortgage Loan or REO Loan in the Mortgage Pool during the 12-month period preceding the receipt of such Default Charges, which Advance Interest was paid from a source other than Default Charges received on the Mortgage Pool; third, to pay the Special Servicer for Servicing Advances made for the cost of an inspection made on a Specially Serviced Loan; fourth, to reimburse the Trust for any other Additional Trust Fund Expenses incurred with respect to any Mortgage Loan or REO Loan in the Mortgage Pool during the 12-month period prior to the receipt of such Default Charges, which expense was previously paid from a source other than Default Charges received on the Mortgage Pool; and fifth, to pay any remaining portion of such Default Charges as Additional Master Servicing Compensation to the Master Servicer, if such Default Charges were collected with respect to a Performing Loan, and otherwise to pay any remaining portion of such Default Charges as Additional Special Servicing Compensation to the Special Servicer.

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust with respect to any Mortgage Loan or REO Loan (but, in the case of the Peter Cooper Village axx Xxxxxxxxxt Town Trust Mortgage PoolLoan or any successor Trust REO Loan with respect thereto, only to the extent of the Default Charges, if any, remitted to the Trust in accordance with the WBCMT Series 2007-C30 Pooling and Servicing Agreement and/or the Peter Cooper Village axx Xxxxxxxxxt Town Intercreditor Agreement) shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: first, to pay to the any Fiscal Agent, the Trustee, the applicable Master Servicer or the Special Servicer, in that order, (except that payments to the Special Servicer and the applicable Master Servicer shall be made concurrently on a pro rata and pari passu basis), any Advance Interest interest due and owing to such party on outstanding Advances made thereby with respect to any such Mortgage Loan or REO Loan in Loan, as the Mortgage Poolcase may be; second, to reimburse the Trust for any Advance Interest interest on Advances paid to any Fiscal Agent, the Trustee, the Fiscal Agent, the applicable Master Servicer or the Special Servicer since the Closing Date with respect to any such Mortgage Loan or REO Loan in Loan, as the Mortgage Pool during the 12-month period preceding the receipt of such Default Chargescase may be, which Advance Interest interest was paid from a source other than Default Charges received collected on such Mortgage Loan or REO Loan, as the Mortgage Poolcase may be; third, to pay any outstanding expense incurred by the Special Servicer for Servicing Advances made for in connection with inspecting the cost of an inspection made on a Specially Serviced Loanrelated Mortgaged Property or REO Property, as applicable, pursuant to Section 3.12; fourth, to reimburse the Trust for any expenses reimbursed to the Special Servicer since the Closing Date in connection with inspecting the related Mortgaged Property or REO Property, as applicable, pursuant to Section 3.12, which expenses were previously paid from a source other than Default Charges collected on such Mortgage Loan or REO Loan, as the case may be; fifth, to pay the appropriate party for any other outstanding expense incurred thereby with respect to such Mortgage Loan or REO Loan, as the case may be, which expense, if not paid out of Default Charges collected on such Mortgage Loan or REO Loan, as the case may be, will likely become an Additional Trust Fund Expense; sixth, to reimburse the Trust for any other Additional Trust Fund Expenses incurred Expense paid to the appropriate party since the Closing Date with respect to any such Mortgage Loan or REO Loan in Loan, as the Mortgage Pool during the 12-month period prior to the receipt of such Default Chargescase may be, which expense Additional Trust Fund Expense was previously paid from a source other than Default Charges received collected on such Mortgage Loan or REO Loan, as the Mortgage Poolcase may be; and fifthseventh, to pay (A) if such Mortgage Loan is a Non-Trust Loan, any remaining portion of such Default Charges that is comprised of late payment charges and (B) if such Mortgage Loan is a Trust Mortgage Loan or such REO Loan is a Trust REO Loan, as Additional Master Servicing Compensation the case may be, any remaining portion of such Default Charges, in each case as additional master servicing compensation to the applicable Master Servicer, if such Default Charges (or portion thereof comprised of late payment charges) were collected with respect to when the loan was a Performing non-Specially Serviced Mortgage Loan, and otherwise to pay (X) if such Mortgage Loan is a Non-Trust Loan, any remaining portion of such Default Charges that is comprised of late payment charges and (Y) if such Mortgage Loan is a Trust Mortgage Loan or such REO Loan is a Trust REO Loan, as Additional Special Servicing Compensation the case may be, any remaining portion of such Default Charges, in each case as additional special servicing compensation to the Special Servicer.

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust with respect to any Serviced Pooled Mortgage Loan or REO Pooled Mortgage Loan and (to the extent remitted to the applicable Master Servicer by the related Non-Trust Master Servicer) any and all Default Charges that are actually received by or on behalf of the Trust with respect to a Non-Trust-Serviced Pooled Mortgage Pool, Loan or successor REO Mortgage Loan shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: first, to pay to the Fiscal Agent, the Trustee, the applicable Master Servicer or the Special Servicer, in that order, any Advance Interest due and owing to such party on outstanding Advances made thereby with respect to any such Pooled Mortgage Loan or REO Loan in Pooled Mortgage Loan, as the Mortgage Poolcase may be; second, to reimburse the Trust for any Advance Interest paid to the Trustee, the Fiscal Agent, the Master Servicer or the Special Servicer since the Closing Date with respect to any Mortgage Loan or REO Loan in the Mortgage Pool during the 12-month period preceding the receipt of such Default Charges, which Advance Interest was paid from a source other than Default Charges received on the Mortgage Pool; third, to pay the Special Servicer for Servicing Advances made for the cost of an inspection made on a Specially Serviced Loan; fourth, to reimburse the Trust for any other Additional Trust Fund Expenses incurred with respect to any Mortgage Loan or REO Loan in the Mortgage Pool during the 12-month period prior to the receipt of such Default Charges, which expense was previously paid from a source other than Default Charges received on the Mortgage Pool[Reserved]; and fifththird, to pay any remaining portion of such Default Charges (such remaining portion, "Net Default Charges") as follows: (A) if such Mortgage Loan is a Non-Trust-Serviced Mortgage Loan, to the applicable Master Servicer as Additional Master Servicing Compensation Compensation, in an amount equal to the Master Servicerentirety of such remaining portion, or (B) if such Mortgage Loan is a Serviced Mortgage Loan, on a pro rata basis: (i) to the applicable Master Servicer as Additional Master Servicing Compensation, in an amount equal to the product of such remaining portion and a fraction, the numerator of which is the aggregate amount of Default Charges were (to the extent not previously collected with respect and applied under this Section 3.28) accrued on such Mortgage Loan while such Mortgage Loan was not a Specially Serviced Mortgage Loan and the denominator of which is the aggregate amount of Default Charges (to a Performing the extent not previously collected and applied under this Section 3.28) theretofore accrued on such Mortgage Loan, and otherwise (ii) to pay any remaining portion of such Default Charges the Special Servicer as Additional Special Servicing Compensation Compensation, in an amount equal to the Special Servicerproduct of such remaining portion and a fraction, the numerator of which is the aggregate amount of Default Charges (to the extent not previously collected and applied under this Section 3.28) accrued on such Mortgage Loan while such Mortgage Loan is a Specially Serviced Mortgage Loan and the denominator of which is the aggregate amount of Default Charges (to the extent not previously collected and applied under this Section 3.28) theretofore accrued on such Mortgage Loan.

Application of Default Charges. (a) Any and all Default Charges that are actually received by or on behalf of the Trust collected with respect to the any Mortgage PoolLoan or REO Loan during any Collection Period, shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: ; first, to pay to the Fiscal Agent, the Trustee, the Master Servicer or the Special Servicer, in that order, any Advance Interest interest due and owing to such party on outstanding Advances made thereby with respect to any such Mortgage Loan or REO Loan in Loan, as the Mortgage Poolcase may be, as to which such Default Charges were collected; second, to pay any other outstanding Additional Trust Fund Expenses (exclusive of Special Servicing Fees, Liquidation Fees and Workout Fees) incurred with respect to such Mortgage Loan or REO Loan, as the case may be, as to which such Default Charges were collected; third, to reimburse the Trust for any Advance Interest interest on Advances paid to the TrusteeFiscal Agent, the Fiscal AgentTrustee, the Master Servicer or the Special Servicer since the Closing Date with respect to any such Mortgage Loan or REO Loan in Loan, as the Mortgage Pool during the 12-month period preceding the receipt of case may be, as to which such Default ChargesCharges were collected, which Advance Interest interest was paid from a source other than Default Charges received on the such Mortgage Pool; third, to pay the Special Servicer for Servicing Advances made for the cost of an inspection made on a Specially Serviced Loan or REO Loan; 144 fourth, to reimburse the Trust for any other Additional Trust Fund Expenses Expense (exclusive of Special Servicing Fees, Liquidation Fees and Workout Fees) incurred and paid since the Closing Date with respect to any such Mortgage Loan or REO Loan in Loan, as the Mortgage Pool during the 12-month period prior case may be, as to the receipt of which such Default ChargesCharges were collected, which expense was previously paid from a source other than Default Charges received on the such Mortgage PoolLoan or REO Loan; and fifth, to pay any remaining portion of such Default Charges (such remaining portion, "Net Default Charges") as Additional Master Servicing Compensation additional master servicing compensation to the Master Servicer, if such Default Charges they were collected with received in respect to of a Performing Mortgage Loan that is not a Specially Serviced Mortgage Loan, and otherwise to pay any remaining portion of such Default Charges or as Additional Special Servicing Compensation additional special servicing compensation to the Special Servicer., if they were received in respect of a Specially Serviced Mortgage Loan or REO Loan;

Application of Default Charges. (a) Any Subject to the terms of any applicable Intercreditor Agreement, any and all Default Charges that are actually received by or on behalf of the Trust with respect to the Mortgage Pool, shall be applied for the following purposes and in the following order, in each case to the extent of the remaining portion of such Default Charges: first, to pay to the Fiscal Agent, Trustee, the Master Servicer or the Special Servicer, in that order, any Advance Interest due and owing to such party on outstanding Advances made thereby with respect to any Mortgage Loan or REO Loan in the Mortgage Pool; second, to reimburse the Trust for any Advance Interest paid to the Trustee, the Fiscal Agent, the Master Servicer or the Special Servicer since the Closing Date with respect to any Mortgage Loan or REO Loan in the Mortgage Pool during the 12-month period preceding the receipt of such Default Charges, which Advance Interest was paid from a source other than Default Charges received on the Mortgage Pool; thirdPool (provided, to pay however, if the Special Servicer for Servicing Advances made for the cost of an inspection made on a is able to determine that such Default Charges are related to any Specially Serviced Loan; fourth, to reimburse the Trust for any other Additional Trust Fund Expenses incurred with respect to any Mortgage Loan or REO Loan in respect of which any Advance Interest was paid to the Mortgage Pool during Trustee, the Master Servicer or the Special Servicer prior to such 12-month period prior to the receipt of such Default Charges, which expense was previously paid from a source other than Default Charges received on the Mortgage Pool; , then the Master Servicer shall conclusively rely on such determination and fifth, to pay any remaining portion of shall apply such Default Charges as Additional Master Servicing Compensation to reimburse the Master Servicer, if Trust for such Default Charges were collected with respect to a Performing Loan, and otherwise to pay any remaining portion of such Default Charges as Additional Special Servicing Compensation to the Special Servicer.Advance Interest);;