Common use of Application of Funds in the Certificate Account Clause in Contracts

Application of Funds in the Certificate Account. The Master Servicer may, from time to time, make, or cause to be made, withdrawals from the Certificate Account for the following purposes: (i) to reimburse itself or the applicable Servicer, as the case may be, for previously unreimbursed Advances made by it or by such Servicer pursuant to Section 4.02 or otherwise reimbursable pursuant to the terms of this Agreement, it being understood, in the case of any such reimbursement, that the Master Servicer's or Servicer's right thereto shall be prior to the rights of the Certificateholders; (ii) to reimburse itself or the applicable Servicer, as the case may be, following a final liquidation of a Mortgage Loan, for any amounts that represent Nonrecoverable Advances, it being understood, in the case of any such reimbursement, that such Master Servicer's or Servicer's right thereto shall be prior to the rights of the Certificateholders; (iii) to reimburse itself or the applicable Servicer, as the case may be, from Liquidation Proceeds for Liquidation Expenses and for amounts expended by it pursuant to Sections 3.22 and 3.23 in good faith in connection with the restoration of damaged property and, to the extent that Liquidation Proceeds after such reimbursement exceed the unpaid principal balance of the related Mortgage Loan, together with accrued and unpaid interest thereon at the applicable Net Mortgage Rate for such Mortgage Loan to the Due Date next succeeding the date of its receipt of such Liquidation Proceeds, to pay to the applicable Servicer out of such excess the amount of any unpaid assumption fees, late payment charges or other Mortgagor charges on the related Mortgage Loan and to retain any excess remaining thereafter as additional master servicing compensation, it being understood, in the case of any such reimbursement or payment, that such Master Servicer's right thereto shall be prior to the rights of the Certificateholders; (iv) to reimburse itself for expenses incurred by and recoverable by or reimbursable to it or the applicable Servicer pursuant to Sections 3.05, 3.09, 3.19 or 3.25(a) or any other provision of this Agreement, and to reimburse itself for any expenses reimbursable to it under this Agreement; (v) to pay to the applicable Servicer, or the Seller, as the case may be, with respect to each Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred pursuant to Section 2.04 or 9.01 hereof or the related Servicing Agreement, all amounts received thereon and not required to be distributed to the Certificateholders as of the date on which the related Stated Principal Balance or Purchase Price is determined; (vi) to pay to itself income earned on the investment of funds deposited in the Certificate Account; (vii) to make payment to itself and others pursuant to any provision of this Agreement; (viii) to reimburse a successor Master Servicer (solely in its capacity as successor Master Servicer) for any fee or Advance occasioned by a termination of the Master Servicer, and the assumption of such duties by the Trustee or a successor Master Servicer appointed by the Trustee pursuant to Section 7.02, in each case to the extent not reimbursed by the terminated Master Servicer, it being understood, in the case of any such reimbursement or payment, that the right of the Master Servicer or the Trustee thereto shall be prior to the rights of the Certificateholders; (ix) to reimburse any Servicer for such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to such Servicer, to the extent provided in such Servicing Agreement; (x) to withdraw funds deposited in error in the Certificate Account; and (xi) to clear and terminate any Certificate Account pursuant to Section 9.01 hereof. In addition, on or prior to 1:00 p.m. (Central time) on the Business Day immediately preceding each Distribution Date, the Master Servicer shall withdraw from the Certificate Account the amount of Available Funds, to the extent on deposit, and remit such amount to the Trustee for deposit in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

AutoNDA by SimpleDocs

Application of Funds in the Certificate Account. The Master Servicer (or if applicable, the Securities Administrator), may, from time to time, make, or cause to be made, withdrawals from the Certificate Account for the following purposes: (i) to reimburse itself or the applicable Servicer, as the case may be, any Servicer for previously unreimbursed Advances or Servicing Advances made by it or by such Servicer pursuant to Section 4.02 5.04 or otherwise reimbursable the applicable Servicing Agreement; such right to reimbursement pursuant to this subclause (i) is limited to amounts received on or in respect of a particular Mortgage Loan (including, for this purpose, Liquidation Proceeds and amounts representing Insurance Proceeds with respect to the terms property subject to the related Mortgage) which represent late recoveries (net of this Agreementthe applicable Servicing Fee) of payments of principal or interest respecting which any such Advance was made, it being understood, in the case of any such reimbursement, that the Master Servicer's ’s or Servicer's ’s right thereto shall be prior to the rights of the Certificateholders; (ii) to reimburse itself or the applicable any Servicer, as the case may be, following a final liquidation of a Mortgage Loan, Loan (except as otherwise provided in the related Servicing Agreement) for any previously unreimbursed Advances or Servicing Advances made by it or by such Servicer (A) that it determines in good faith will not be recoverable from amounts representing late recoveries of payments of principal or interest respecting the particular Mortgage Loan as to which such Advance or Servicing Advance was made or from Liquidation Proceeds or Insurance Proceeds with respect to such Mortgage Loan and/or (B) to the extent that represent Nonrecoverable Advancessuch unreimbursed Advances or Servicing Advances exceed the related Liquidation Proceeds or Insurance Proceeds, it being understood, in the case of any each such reimbursement, that such Master Servicer's or Servicer's right thereto shall be prior to the rights of the Certificateholders; (iii) to reimburse itself or the applicable Servicer, as the case may be, any Servicer from Liquidation Proceeds for Liquidation Expenses and for amounts expended by it pursuant to Sections 3.22 and 3.23 Section 9.22(c) or the applicable Servicing Agreement in good faith in connection with the restoration of damaged property and, to the extent that Liquidation Proceeds after such reimbursement exceed the unpaid principal balance of the related Mortgage Loan, together with accrued and unpaid interest thereon at the applicable Net Mortgage Rate less the applicable Servicing Fee Rate for such Mortgage Loan to the Due Date next succeeding the date of its receipt of such Liquidation Proceeds, to pay to the applicable Servicer itself out of such excess the amount of any unpaid assumption fees, late payment charges or other Mortgagor charges on the related Mortgage Loan and to retain any excess remaining thereafter as additional master servicing compensationLoan, it being understood, in the case of any such reimbursement or payment, that such Master Servicer's ’s or Servicer’s right thereto shall be prior to the rights of the Certificateholders; (iv) to the extent of any previous Advances made by the Master Servicer with respect to Simple Interest Mortgage Loans, to pay itself an amount equal to Net Simple Interest Excess for the related Collection Period to the extent not offset by Net Simple Interest Shortfalls; (v) to reimburse itself or any Servicer for expenses incurred by and recoverable by or reimbursable to it or the applicable any Servicer pursuant to Sections 3.05, 3.09, 3.19 or 3.25(a) or any other provision of this Agreement, and to reimburse itself for any expenses reimbursable to it under this Agreementincluding, without limitation, Sections 9.04, 9.05(b), 9.07(a), 9.30 or 11.15; (vvi) to pay to the applicable ServicerSeller any Seller Remittance Amount; (vii) to pay to the Depositor, the Seller or the SellerTransferor, as the case may beapplicable, with respect to each Mortgage Loan or property REO Property acquired in respect thereof that has been purchased or otherwise transferred pursuant to Section 2.04 or 9.01 hereof or the related Servicing this Agreement, all amounts received thereon and not required to be distributed to the Certificateholders as of on the date on which the related Stated Principal Balance or repurchase was effected, and to pay to the applicable Person any Advances and Servicing Advances to the extent specified in the definition of Purchase Price is determined(or FPD Purchase Price, FPD Premium, PPTL Purchase Price and PPTL Premium, if any, (in the case of a First Payment Default Mortgage Loan or Delinquency Default Mortgage Loan)); (viviii) to pay the PMI Insurance Premium with respect to itself income earned on the investment of funds deposited in the Certificate Accounteach Bulk PMI Policy; (viiix) to make payment to itself and others the Trustee pursuant to any provision of this AgreementAgreement or to reimburse the Trustee for any fees or expenses reimbursable to it pursuant to Section 6.12; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Trustee pursuant to Section 6.14, in connection with any transfer of servicing, shall not be withdrawn from the Certificate Account and paid to the Trustee and the Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.02; (viiix) subject to Section 5.01, to pay to itself the Master Servicing Fee; (xi) to reimburse the Trustee and a successor Master Servicer master servicer (solely in its capacity as successor Master Servicer) master servicer), for any fee or Advance advance occasioned by a termination of the Master Servicer, and the assumption of such duties by the Trustee or a successor Master Servicer master servicer appointed by the Trustee pursuant to Section 7.026.14, in each case to the extent not reimbursed by the terminated Master Servicer, it being understood, in the case of any such reimbursement or payment, that the right of the Master Servicer successor master servicer or the Trustee thereto shall be prior to the rights of the Certificateholders; (ixxii) to reimburse any Servicer for such amounts make payments out of the Master Servicing Fee (A) to the Trustee to pay the Trustee Fee, if due and (B) to Deutsche Bank National Trust Company and Xxxxx Fargo Bank, N.A., in their respective capacities as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to such ServicerCustodians, to pay the extent provided Custodial Compensation, if due; (xiii) to make distributions to Certificateholders pursuant to Article V; (xiv) to make payment to itself, the Securities Administrator, the Trustee, Deutsche Bank National Trust Company and Xxxxx Fargo Bank, N.A., in such Servicing their respective capacities as Custodians, and others pursuant to any provision of this Agreement; (xxv) to withdraw funds deposited in error in the Certificate Account; and; (xixvi) to clear and terminate any the Certificate Account pursuant to Section 9.01 hereof. In addition, on or prior 7.02; and (xvii) to 1:00 p.m. (Central time) pay to the Seller any income and gain realized on the Business Day immediately preceding each Distribution DateCertificate Account from any Eligible Investment other than during the Master Servicer Investment Period in accordance with Section 4.01(e) hereto; In connection with withdrawals made pursuant to subclauses (i), (iii), (iv), (vi) and (vii) above, the Master Servicer’s, any Servicer’s or such other Person’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan. The Master Servicer shall withdraw therefore keep and maintain a separate accounting for each Mortgage Loan it master services for the purpose of justifying any withdrawal made from the Certificate Account the amount of Available Fundsit maintains pursuant to such subclause (i), to the extent on deposit(iii), (iv), (vi) and remit such amount to the Trustee for deposit in the Distribution Account(vii).

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-Bc4)

Application of Funds in the Certificate Account. The Master Servicer (or if applicable, the Securities Administrator), may, from time to time, make, or cause to be made, withdrawals from the Certificate Account for the following purposes: (i) to reimburse itself or the applicable Servicer, as the case may be, any Servicer for previously unreimbursed Advances or Servicing Advances made by it or by such Servicer pursuant to Section 4.02 5.04 or otherwise reimbursable the applicable Servicing Agreement; such right to reimbursement pursuant to this subclause (i) is limited to amounts received on or in respect of a particular Mortgage Loan (including, for this purpose, Liquidation Proceeds and amounts representing Insurance Proceeds with respect to the terms property subject to the related Mortgage) which represent late recoveries (net of this Agreementthe applicable Servicing Fee) of payments of principal or interest respecting which any such Advance was made, it being understood, in the case of any such reimbursement, that the Master Servicer's ’s or Servicer's ’s right thereto shall be prior to the rights of the Certificateholders; (ii) to reimburse itself or the applicable any Servicer, as the case may be, following a final liquidation of a Mortgage Loan, Loan (except as otherwise provided in the related Servicing Agreement) for any previously unreimbursed Advances or Servicing Advances made by it or by such Servicer (A) that it determines in good faith will not be recoverable from amounts representing late recoveries of payments of principal or interest respecting the particular Mortgage Loan as to which such Advance or Servicing Advance was made or from Liquidation Proceeds or Insurance Proceeds with respect to such Mortgage Loan and/or (B) to the extent that represent Nonrecoverable Advancessuch unreimbursed Advances or Servicing Advances exceed the related Liquidation Proceeds or Insurance Proceeds, it being understood, in the case of any each such reimbursement, that such Master Servicer's or Servicer's right thereto shall be prior to the rights of the Certificateholders; (iii) to reimburse itself or the applicable Servicer, as the case may be, any Servicer from Liquidation Proceeds for Liquidation Expenses and for amounts expended by it pursuant to Sections 3.22 and 3.23 Section 9.22(c) or the applicable Servicing Agreement in good faith in connection with the restoration of damaged property and, to the extent that Liquidation Proceeds after such reimbursement exceed the unpaid principal balance of the related Mortgage Loan, together with accrued and unpaid interest thereon at the applicable Net Mortgage Rate less the applicable Servicing Fee Rate for such Mortgage Loan to the Due Date next succeeding the date of its receipt of such Liquidation Proceeds, to pay to the applicable Servicer itself out of such excess the amount of any unpaid assumption fees, late payment charges or other Mortgagor charges on the related Mortgage Loan and to retain any excess remaining thereafter as additional master servicing compensationLoan, it being understood, in the case of any such reimbursement or payment, that such Master Servicer's ’s or Servicer’s right thereto shall be prior to the rights of the Certificateholders; (iv) to the extent of any previous Advances made by the Master Servicer with respect to Simple Interest Mortgage Loans, to pay itself an amount equal to Net Simple Interest Excess for the related Collection Period to the extent not offset by Net Simple Interest Shortfalls; (v) to reimburse itself or any Servicer for expenses incurred by and recoverable by or reimbursable to it or the applicable any Servicer pursuant to Sections 3.05, 3.09, 3.19 or 3.25(a) or any other provision of this Agreement, and to reimburse itself for any expenses reimbursable to it under this Agreementincluding, without limitation, Sections 9.04, 9.05(b), 9.07(a), 9.30 or 11.15; (vvi) to pay to the applicable ServicerSeller any Seller Remittance Amount; (vii) to pay to the Depositor, the Seller or the SellerTransferor, as the case may beapplicable, with respect to each Mortgage Loan or property REO Property acquired in respect thereof that has been purchased or otherwise transferred pursuant to Section 2.04 or 9.01 hereof or the related Servicing this Agreement, all amounts received thereon and not required to be distributed to the Certificateholders as of on the date on which the related Stated Principal Balance or repurchase was effected, and to pay to the applicable Person any Advances and Servicing Advances to the extent specified in the definition of Purchase Price is determined(or FPD Purchase Price, FPD Premium, PPTL Purchase Price and PPTL Premium, if any, (in the case of a First Payment Default Mortgage Loan or Delinquency Default Mortgage Loan)); (vi) to pay to itself income earned on the investment of funds deposited in the Certificate Account; (viiviii) to make payment to itself and others the Trustee pursuant to any provision of this AgreementAgreement or to reimburse the Trustee for any fees or expenses reimbursable to it pursuant to Section 6.12; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Trustee pursuant to Section 6.14, in connection with any transfer of servicing, shall not be withdrawn from the Certificate Account and paid to the Trustee and the Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.02; (viiiix) subject to Section 5.01, to pay to itself the Master Servicing Fee; (x) to reimburse the Trustee and a successor Master Servicer master servicer (solely in its capacity as successor Master Servicer) master servicer), for any fee or Advance advance occasioned by a termination of the Master Servicer, and the assumption of such duties by the Trustee or a successor Master Servicer master servicer appointed by the Trustee pursuant to Section 7.026.14, in each case to the extent not reimbursed by the terminated Master Servicer, it being understood, in the case of any such reimbursement or payment, that the right of the Master Servicer successor master servicer or the Trustee thereto shall be prior to the rights of the Certificateholders; (ixxi) to reimburse any Servicer for such amounts make payments out of the Master Servicing Fee (A) to the Trustee to pay the Trustee Fee, if due and (B) to Deutsche Bank National Trust Company and Xxxxx Fargo Bank, N.A., in their respective capacities as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to such ServicerCustodians, to pay the extent provided Custodial Compensation, if due; (xii) to make distributions to Certificateholders pursuant to Article V; (xiii) to make payment to itself, the Securities Administrator, the Trustee, Deutsche Bank National Trust Company and Xxxxx Fargo Bank, N.A., in such Servicing their respective capacities as Custodians, and others pursuant to any provision of this Agreement; (xxiv) to withdraw funds deposited in error in the Certificate Account; and; (xixv) to clear and terminate any the Certificate Account pursuant to Section 9.01 hereof. In addition, on or prior 7.02; and (xvi) to 1:00 p.m. (Central time) pay to the Seller any income and gain realized on the Business Day immediately preceding each Distribution DateCertificate Account from any Eligible Investment other than during the Master Servicer Investment Period in accordance with Section 4.01(e) hereto; In connection with withdrawals made pursuant to subclauses (i), (iii), (iv), (vi) and (vii) above, the Master Servicer’s, any Servicer’s or such other Person’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan. The Master Servicer shall withdraw therefore keep and maintain a separate accounting for each Mortgage Loan it master services for the purpose of justifying any withdrawal made from the Certificate Account the amount of Available Fundsit maintains pursuant to such subclause (i), to the extent on deposit(iii), (iv), (vi) and remit such amount to the Trustee for deposit in the Distribution Account(vii).

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-Bc3)

Application of Funds in the Certificate Account. The Master Servicer (or if applicable, the Securities Administrator), may, from time to time, make, or cause to be made, withdrawals from the Certificate Account for the following purposes: (i) to reimburse itself or the applicable Servicer, as the case may be, any Servicer for previously unreimbursed Advances or Servicing Advances made by it or by such Servicer pursuant to Section 4.02 5.04 or otherwise reimbursable the applicable Servicing Agreement; such right to reimbursement pursuant to this subclause (i) is limited to amounts received on or in respect of a particular Mortgage Loan (including, for this purpose, Liquidation Proceeds and amounts representing Insurance Proceeds with respect to the terms property subject to the related Mortgage) which represent late recoveries (net of this Agreementthe applicable Servicing Fee) of payments of principal or interest respecting which any such Advance was made, it being understood, in the case of any such reimbursement, that the Master Servicer's ’s or Servicer's ’s right thereto shall be prior to the rights of the Certificateholders; (ii) to reimburse itself or the applicable any Servicer, as the case may be, following a final liquidation of a Mortgage Loan, Loan (except as otherwise provided in the related Servicing Agreement) for any previously unreimbursed Advances or Servicing Advances made by it or by such Servicer (A) that it determines in good faith will not be recoverable from amounts representing late recoveries of payments of principal or interest respecting the particular Mortgage Loan as to which such Advance or Servicing Advance was made or from Liquidation Proceeds or Insurance Proceeds with respect to such Mortgage Loan and/or (B) to the extent that represent Nonrecoverable Advancessuch unreimbursed Advances or Servicing Advances exceed the related Liquidation Proceeds or Insurance Proceeds, it being understood, in the case of any each such reimbursement, that such Master Servicer's or Servicer's right thereto shall be prior to the rights of the Certificateholders; (iii) to reimburse itself or the applicable Servicer, as the case may be, any Servicer from Liquidation Proceeds for Liquidation Expenses and for amounts expended by it pursuant to Sections 3.22 and 3.23 Section 9.22(c) or the applicable Servicing Agreement in good faith in connection with the restoration of damaged property and, to the extent that Liquidation Proceeds after such reimbursement exceed the unpaid principal balance of the related Mortgage Loan, together with accrued and unpaid interest thereon at the applicable Net Mortgage Rate less the applicable Servicing Fee Rate for such Mortgage Loan to the Due Date next succeeding the date of its receipt of such Liquidation Proceeds, to pay to the applicable Servicer itself out of such excess the amount of any unpaid assumption fees, late payment charges or other Mortgagor charges on the related Mortgage Loan and to retain any excess remaining thereafter as additional master servicing compensation, it being understood, in the case of any such reimbursement or payment, that such Master Servicer's ’s or Servicer’s right thereto shall be prior to the rights of the Certificateholders; (iv) to the extent of any previous Advances made by the Master Servicer with respect to Simple Interest Mortgage Loans, to pay itself an amount equal to Net Simple Interest Excess for the related Collection Period to the extent not offset by Net Simple Interest Shortfalls; (v) to reimburse itself or any Servicer for expenses incurred by and recoverable by or reimbursable to it or the applicable any Servicer pursuant to Sections 3.05, 3.09, 3.19 or 3.25(a) or any other provision of this Agreement, and to reimburse itself for any expenses reimbursable to it under this Agreementincluding, without limitation, Sections 9.04, 9.05(b), 9.07(a), 9.30 or 11.15; (vvi) to pay to the applicable ServicerSeller any Seller Remittance Amount; (vii) to pay to the Depositor, the Seller or the SellerTransferor, as the case may beapplicable, with respect to each Mortgage Loan or property REO Property acquired in respect thereof that has been purchased or otherwise transferred pursuant to Section 2.04 or 9.01 hereof or the related Servicing this Agreement, all amounts received thereon and not required to be distributed to the Certificateholders as of on the date on which the related Stated Principal Balance or repurchase was effected, and to pay to the applicable Person any Advances and Servicing Advances to the extent specified in the definition of Purchase Price is determined(or FPD Purchase Price, FPD Premium, PPTL Purchase Price and PPTL Premium, if any, (in the case of a First Payment Default Mortgage Loan or Delinquency Default Mortgage Loan)); (viviii) to pay the PMI Insurance Premium with respect to itself income earned on the investment of funds deposited in the Certificate Accounteach Bulk PMI Policy; (viiix) to make payment to itself and others the Trustee pursuant to any provision of this AgreementAgreement or to reimburse the Trustee for any fees or expenses reimbursable to it pursuant to Section 6.12; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Trustee pursuant to Section 6.14, in connection with any transfer of servicing, shall not be withdrawn from the Certificate Account and paid to the Trustee and the Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.02; (viiix) subject to Section 5.01, to pay to itself the Master Servicing Fee; (xi) to reimburse the Trustee and a successor Master Servicer master servicer (solely in its capacity as successor Master Servicer) master servicer), for any fee or Advance advance occasioned by a termination of the Master Servicer, and the assumption of such duties by the Trustee or a successor Master Servicer master servicer appointed by the Trustee pursuant to Section 7.026.14, in each case to the extent not reimbursed by the terminated Master Servicer, it being understood, in the case of any such reimbursement or payment, that the right of the Master Servicer or the Trustee Securities Administrator thereto shall be prior to the rights of the Certificateholders; (ixxii) to reimburse any Servicer for such amounts make payments out of the Master Servicing Fee (A) to the Trustee to pay the Trustee Fee, if due and (B) to Deutsche Bank National Trust Company and Wxxxx Fargo Bank, N.A., in their respective capacities as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to such ServicerCustodians, to pay the extent provided Custodial Compensation, if due; (xiii) to make distributions to Certificateholders pursuant to Article V; (xiv) to make payment to itself, the Securities Administrator, the Trustee, Deutsche Bank National Trust Company and Wxxxx Fargo Bank, N.A., in such Servicing their respective capacities as Custodians, and others pursuant to any provision of this Agreement; (xxv) to withdraw funds deposited in error in the Certificate Account; and; (xixvi) to clear and terminate any the Certificate Account pursuant to Section 9.01 hereof. In addition, on or prior 7.02; and (xvii) to 1:00 p.m. (Central time) pay to the Seller any income and gain realized on the Business Day immediately preceding each Distribution DateCertificate Account from any Eligible Investment other than during the Master Servicer Investment Period in accordance with Section 4.01(e) hereto; In connection with withdrawals made pursuant to subclauses (i), (iii), (iv), (vi) and (vii) above, the Master Servicer’s, any Servicer’s or such other Person’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan. The Master Servicer shall withdraw therefore keep and maintain a separate accounting for each Mortgage Loan it master services for the purpose of justifying any withdrawal made from the Certificate Account the amount of Available Fundsit maintains pursuant to such subclause (i), to the extent on deposit(iii), (iv), (vi) and remit such amount to the Trustee for deposit in the Distribution Account(vii).

Appears in 1 contract

Samples: Trust Agreement (Sasco 2006-Bc2)

AutoNDA by SimpleDocs

Application of Funds in the Certificate Account. The Master Servicer (or if applicable, the Securities Administrator), may, from time to time, make, or cause to be made, withdrawals from the Certificate Account for the following purposes: (i) to reimburse itself or the applicable Servicer, as the case may be, any Servicer for previously unreimbursed Advances or Servicing Advances made by it or by such Servicer pursuant to Section 4.02 5.04 or otherwise reimbursable the applicable Servicing Agreement; such right to reimbursement pursuant to this subclause (i) is limited to amounts received on or in respect of a particular Mortgage Loan (including, for this purpose, Liquidation Proceeds and amounts representing Insurance Proceeds with respect to the terms property subject to the related Mortgage) which represent late recoveries (net of this Agreementthe applicable Servicing Fee) of payments of principal or interest respecting which any such Advance was made, it being understood, in the case of any such reimbursement, that the Master Servicer's ’s or Servicer's ’s right thereto shall be prior to the rights of the Certificateholders; (ii) to reimburse itself or the applicable any Servicer, as the case may be, following a final liquidation of a Mortgage Loan, Loan (except as otherwise provided in the related Servicing Agreement) for any previously unreimbursed Advances or Servicing Advances made by it or by such Servicer (A) that it determines in good faith will not be recoverable from amounts representing late recoveries of payments of principal or interest respecting the particular Mortgage Loan as to which such Advance or Servicing Advance was made or from Liquidation Proceeds or Insurance Proceeds with respect to such Mortgage Loan and/or (B) to the extent that represent Nonrecoverable Advancessuch unreimbursed Advances or Servicing Advances exceed the related Liquidation Proceeds or Insurance Proceeds, it being understood, in the case of any each such reimbursement, that such Master Servicer's ’s or Servicer's ’s right thereto shall be prior to the rights of the Certificateholders; (iii) to reimburse itself or the applicable Servicer, as the case may be, any Servicer from Liquidation Proceeds for Liquidation Expenses and for amounts expended by it pursuant to Sections 3.22 and 3.23 Section 9.22(c) or the applicable Servicing Agreement in good faith in connection with the restoration of damaged property and, to the extent that Liquidation Proceeds after such reimbursement exceed the unpaid principal balance of the related Mortgage Loan, together with accrued and unpaid interest thereon at the applicable Net Mortgage Rate less the applicable Servicing Fee Rate for such Mortgage Loan to the Due Date next succeeding the date of its receipt of such Liquidation Proceeds, to pay to the applicable Servicer itself out of such excess the amount of any unpaid assumption fees, late payment charges or other Mortgagor charges on the related Mortgage Loan and to retain any excess remaining thereafter as additional master servicing compensationLoan, it being understood, in the case of any such reimbursement or payment, that such Master Servicer's ’s or Servicer’s right thereto shall be prior to the rights of the Certificateholders; (iv) to the extent of any previous Advances made by the Master Servicer with respect to Simple Interest Mortgage Loans, to pay itself an amount equal to Net Simple Interest Excess for the related Collection Period to the extent not offset by Net Simple Interest Shortfalls; (v) to reimburse itself or any Servicer for expenses incurred by and recoverable by or reimbursable to it or the applicable any Servicer pursuant to Sections 3.05, 3.09, 3.19 or 3.25(a) or any other provision of this Agreement, and to reimburse itself for any expenses reimbursable to it under this Agreementincluding, without limitation, Sections 9.04, 9.05(b), 9.07(a), 9.30 or 11.15; (vvi) to pay to the applicable ServicerSeller any Seller Remittance Amount; (vii) to pay to the Depositor, the Seller or the SellerTransferor, as the case may beapplicable, with respect to each Mortgage Loan or property REO Property acquired in respect thereof that has been purchased or otherwise transferred pursuant to Section 2.04 or 9.01 hereof or the related Servicing this Agreement, all amounts received thereon and not required to be distributed to the Certificateholders as of on the date on which the related Stated Principal Balance or repurchase was effected, and to pay to the applicable Person any Advances and Servicing Advances to the extent specified in the definition of Purchase Price is determined(or FPD Purchase Price, FPD Premium, PPTL Purchase Price and PPTL Premium, if any, (in the case of a First Payment Default Mortgage Loan or Delinquency Default Mortgage Loan)); (viviii) to pay the PMI Insurance Premium with respect to itself income earned on the investment of funds deposited in the Certificate Accounteach Bulk PMI Policy; (viiix) to make payment to itself and others the Trustee pursuant to any provision of this AgreementAgreement or to reimburse the Trustee for any fees or expenses reimbursable to it pursuant to Section 6.12; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Trustee pursuant to Section 6.14, in connection with any transfer of servicing, shall not be withdrawn from the Certificate Account and paid to the Trustee and the Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.02; (viiix) subject to Section 5.01, to pay to itself the Master Servicing Fee; (xi) to reimburse the Trustee and a successor Master Servicer master servicer (solely in its capacity as successor Master Servicer) master servicer), for any fee or Advance advance occasioned by a termination of the Master Servicer, and the assumption of such duties by the Trustee or a successor Master Servicer master servicer appointed by the Trustee pursuant to Section 7.026.14, in each case to the extent not reimbursed by the terminated Master Servicer, it being understood, in the case of any such reimbursement or payment, that the right of the Master Servicer successor master servicer or the Trustee thereto shall be prior to the rights of the Certificateholders; (ixxii) to reimburse any Servicer for such amounts make payments out of the Master Servicing Fee (A) to the Trustee to pay the Trustee Fee, if due and (B) to Deutsche Bank National Trust Company and Xxxxx Fargo Bank, N.A., in their respective capacities as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to such ServicerCustodians, to pay the extent provided Custodial Compensation, if due; (xiii) to make distributions to Certificateholders pursuant to Article V; (xiv) to make payment to itself, the Securities Administrator, the Trustee, Deutsche Bank National Trust Company and Xxxxx Fargo Bank, N.A., in such Servicing their respective capacities as Custodians, and others pursuant to any provision of this Agreement; (xxv) to withdraw funds deposited in error in the Certificate Account; and; (xixvi) to clear and terminate any the Certificate Account pursuant to Section 9.01 hereof. In addition, on or prior 7.02; and (xvii) to 1:00 p.m. (Central time) pay to the Seller any income and gain realized on the Business Day immediately preceding each Distribution DateCertificate Account from any Eligible Investment other than during the Master Servicer Investment Period in accordance with Section 4.01(e) hereto; In connection with withdrawals made pursuant to subclauses (i), (iii), (iv), (vi) and (vii) above, the Master Servicer’s, any Servicer’s or such other Person’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan. The Master Servicer shall withdraw therefore keep and maintain a separate accounting for each Mortgage Loan it master services for the purpose of justifying any withdrawal made from the Certificate Account the amount of Available Fundsit maintains pursuant to such subclause (i), to the extent on deposit(iii), (iv), (vi) and remit such amount to the Trustee for deposit in the Distribution Account(vii).

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5)

Application of Funds in the Certificate Account. The Master Servicer (or if applicable, the Securities Administrator), may, from time to time, make, or cause to be made, withdrawals from the Certificate Account for the following purposes: (i) to reimburse itself or the applicable Servicer, as the case may be, any Servicer for previously unreimbursed Advances or Servicing Advances made by it or by such Servicer pursuant to Section 4.02 5.04 or otherwise reimbursable the applicable Servicing Agreement; such right to reimbursement pursuant to this subclause (i) is limited to amounts received on or in respect of a particular Mortgage Loan (including, for this purpose, Liquidation Proceeds and amounts representing Insurance Proceeds with respect to the terms property subject to the related Mortgage) which represent late recoveries (net of this Agreementthe applicable Servicing Fee) of payments of principal or interest respecting which any such Advance was made, it being understood, in the case of any such reimbursement, that the Master Servicer's ’s or Servicer's ’s right thereto shall be prior to the rights of the Certificateholders; (ii) to reimburse itself or the applicable any Servicer, as the case may be, following a final liquidation of a Mortgage Loan, Loan (except as otherwise provided in the related Servicing Agreement) for any previously unreimbursed Advances or Servicing Advances made by it or by such Servicer (A) that it determines in good faith will not be recoverable from amounts representing late recoveries of payments of principal or interest respecting the particular Mortgage Loan as to which such Advance or Servicing Advance was made or from Liquidation Proceeds or Insurance Proceeds with respect to such Mortgage Loan and/or (B) to the extent that represent Nonrecoverable Advancessuch unreimbursed Advances or Servicing Advances exceed the related Liquidation Proceeds or Insurance Proceeds, it being understood, in the case of any each such reimbursement, that such Master Servicer's or Servicer's right thereto shall be prior to the rights of the Certificateholders; (iii) to reimburse itself or the applicable Servicer, as the case may be, any Servicer from Liquidation Proceeds for Liquidation Expenses and for amounts expended by it pursuant to Sections 3.22 and 3.23 Section 9.22(c) or the applicable Servicing Agreement in good faith in connection with the restoration of damaged property and, to the extent that Liquidation Proceeds after such reimbursement exceed the unpaid principal balance of the related Mortgage Loan, together with accrued and unpaid interest thereon at the applicable Net Mortgage Rate less the applicable Servicing Fee Rate for such Mortgage Loan to the Due Date next succeeding the date of its receipt of such Liquidation Proceeds, to pay to the applicable Servicer itself out of such excess the amount of any unpaid assumption fees, late payment charges or other Mortgagor charges on the related Mortgage Loan and to retain any excess remaining thereafter as additional master servicing compensation, it being understood, in the case of any such reimbursement or payment, that such Master Servicer's ’s or Servicer’s right thereto shall be prior to the rights of the Certificateholders; (iv) to the extent of any previous Advances made by the Master Servicer with respect to Simple Interest Mortgage Loans, to pay itself an amount equal to Net Simple Interest Excess for the related Collection Period to the extent not offset by Net Simple Interest Shortfalls; (v) to reimburse itself or any Servicer for expenses incurred by and recoverable by or reimbursable to it or the applicable any Servicer pursuant to Sections 3.05, 3.09, 3.19 or 3.25(a) or any other provision of this Agreement, and to reimburse itself for any expenses reimbursable to it under this Agreementincluding, without limitation, Sections 9.04, 9.05(b), 9.07(a), 9.30 or 11.15; (vvi) to pay to the applicable ServicerSeller any Seller Remittance Amount; (vii) to pay to the Depositor, the Seller or the SellerTransferor, as the case may beapplicable, with respect to each Mortgage Loan or property REO Property acquired in respect thereof that has been purchased or otherwise transferred pursuant to Section 2.04 or 9.01 hereof or the related Servicing this Agreement, all amounts received thereon and not required to be distributed to the Certificateholders as of on the date on which the related Stated Principal Balance or repurchase was effected, and to pay to the applicable Person any Advances and Servicing Advances to the extent specified in the definition of Purchase Price is determinedPrice; (viviii) to pay the PMI Insurance Premium with respect to itself income earned on the investment of funds deposited in the Certificate Accounteach Bulk PMI Policy; (viiix) to make payment to itself and others the Trustee pursuant to any provision of this AgreementAgreement or to reimburse the Trustee for any fees or expenses reimbursable to it pursuant to Section 6.12; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Trustee pursuant to Section 6.14, in connection with any transfer of servicing, shall not be withdrawn from the Certificate Account and paid to the Trustee and the Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.02; (viiix) subject to Section 5.01, to pay to itself the Master Servicing Fee; (xi) to reimburse the Trustee and a successor Master Servicer master servicer (solely in its capacity as successor Master Servicer) master servicer), for any fee or Advance advance occasioned by a termination of the Master Servicer, and the assumption of such duties by the Trustee or a successor Master Servicer master servicer appointed by the Trustee pursuant to Section 7.026.14, in each case to the extent not reimbursed by the terminated Master Servicer, it being understood, in the case of any such reimbursement or payment, that the right of the Master Servicer or the Trustee Securities Administrator thereto shall be prior to the rights of the Certificateholders; (ixxii) to reimburse any Servicer for such amounts as are due thereto under make payments out of the applicable Master Servicing Agreement and have not been retained by or paid to such Servicer, Fee to the extent provided in such Servicing Trustee to pay the Trustee Fee, if due; (xiii) to make distributions to Certificateholders pursuant to Article V; (xiv) to make payment to itself, the Securities Administrator, the Trustee and others pursuant to any provision of this Agreement; (xxv) to withdraw funds deposited in error in the Certificate Account; and; (xixvi) to clear and terminate any the Certificate Account pursuant to Section 9.01 hereof. In addition, on or prior 7.02; and (xvii) to 1:00 p.m. (Central time) pay to the Seller any income and gain realized on the Business Day immediately preceding each Distribution DateCertificate Account from any Eligible Investment other than during the Master Servicer Investment Period in accordance with Section 4.01(e) hereto; In connection with withdrawals made pursuant to subclauses (i), (iii), (iv), (vi) and (vii) above, the Master Servicer’s, any Servicer’s or such other Person’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan. The Master Servicer shall withdraw therefore keep and maintain a separate accounting for each Mortgage Loan it master services for the purpose of justifying any withdrawal made from the Certificate Account the amount of Available Fundsit maintains pursuant to such subclause (i), to the extent on deposit(iii), (iv), (vi) and remit such amount to the Trustee for deposit in the Distribution Account(vii).

Appears in 1 contract

Samples: Trust Agreement (Sail 2006-3)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!