Common use of Collection Account and Distribution Account Clause in Contracts

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a “Collection Account”), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within two (2) Business Days following receipt by the Servicer, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto): (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii); (vii) all Substitution Shortfall Amounts; and (viii) all Prepayment Premiums collected by the Servicer. For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitution. The foregoing requirements for deposit in the Collection Accounts shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to the Servicer as additional compensation for its servicing activities. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails to remit to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law). (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a Collection Account at any time may be delivered by the Servicer to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating Interest.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Jpmac 2006-Ch2), Pooling and Servicing Agreement (Jpmac 2006-Ch1), Pooling and Servicing Agreement (Jpmac 2006-He3)

AutoNDA by SimpleDocs

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a the “Collection Account”), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the related Collection Account clearing account (which account must be an Eligible Account) within in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis, and in no event more than one Business Day after the Master Servicer’s receipt thereof, and shall thereafter deposit in the Collection Account, in no event more than two (2) Business Days following receipt by after the Servicerdeposit of such funds into the clearing account, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the related Mortgage Loans due on or before the related Cut-off Date), or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds, Liquidation Proceeds and Liquidation Proceeds Subsequent Recoveries (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Master Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Master Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) 2.03 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)9.01; (vii) all Substitution Shortfall Amountsamounts required to be deposited in connection with shortfalls in principal amount of Eligible Substitute Mortgage Loans pursuant to Section 2.03; (viii) any amounts required to be transferred from any Buydown Account pursuant to Section 3.25; and (viiiix) all Prepayment Premiums collected any (x) amounts realized by MLCC or (y) Required Surety Payments received by the ServicerTrustee or the Master Servicer in respect of any Pledged Assets. For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Eligible Substitute Mortgage Loan shall be deemed to be the date of substitution. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, charges or assumption fees and other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Master Servicer in the Collection Account and shall, upon collection, belong to shall be retained by the Master Servicer as additional compensation for its servicing activitiescompensation. In the event the Master Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 5:00 p.m. New York time on the Master Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) Amount for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails to remit to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law). (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Trustee and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Master Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Master Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Master Servicer shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and upon written notification from the Securities Administrator Master Servicer, the Trustee shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.034.06; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Master Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and; (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfalls; and (v) any Stayed Funds, as soon as permitted by the federal bankruptcy court having jurisdiction in such matters. (e) Promptly upon receipt of any Stayed Funds, whether from the Master Servicer, a trustee in bankruptcy, or federal bankruptcy court or other source, the Trustee shall deposit such funds in the Distribution Account.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (PHHMC Series 2007-6 Trust), Pooling and Servicing Agreement (PHHMC Series 2007-5 Trust), Pooling and Servicing Agreement (PHHMC Series 2006-1 Trust)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a “Collection Account”), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within two (2) Business Days following receipt by the Servicer, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto): (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii); (vii) all Substitution Shortfall Amounts; and (viii) all Prepayment Premiums collected by the Servicer. For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitution. The foregoing requirements for deposit in the Collection Accounts shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to the Servicer as additional compensation for its servicing activities. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails to remit to the Securities Administrator Trustee for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities AdministratorTrustee, for the account of the Securities AdministratorTrustee, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law). (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. Funds in the Distribution Account may be invested by the Trustee in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Insurer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator Trustee shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating Interest.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Jpmac 2007-Ch2), Pooling and Servicing Agreement (Jpmac 2007-Ch2), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-Ch3)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a the “Collection Account”), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within , in no event more than two (2) Business Days following receipt by after the Servicer’s receipt thereof, in no event more than two Business Days after the deposit of such funds in the clearing account, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, ) or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal PrepaymentsPrepayments (but not Prepayment Charges), on the Mortgage Loans; (ii) all payments on account of interest (net of the Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds Proceeds, Net Liquidation Proceeds, Subsequent Recoveries and Liquidation Proceeds condemnation proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)10.01; (vii) all amounts required to be deposited in connection with Substitution Shortfall AmountsAdjustments pursuant to Section 2.03; and (viii) all Prepayment Premiums Charges collected by the Servicer. For purposes Servicer and any Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees, late payment charges, non sufficient funds assumption fees, reconveyance fees, assumption fees insufficient funds charges and other similar fees and charges ancillary income (other than Prepayment PremiumsCharges) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more segregated, non-interest bearing trust accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trust Fund Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 1:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on Charges collected during the Mortgage Loans collected applicable Prepayment Period by the Servicer and Servicer Prepayment Charge Payment Amounts in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account Account, the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29 (other than any unless such Prepayment Premiums received after amounts are to be remitted in another manner as specified in the documentation establishing the related Prepayment PeriodAdvance Facility). If If, by 1:00 p.m. New York time, on the Servicer Remittance Date, the Servicer fails to remit to the Securities Administrator Trustee for distribution to deposit into the Certificateholders Distribution Account any payment, including any P&I Advance amounts required to be made so remitted by the Servicer on the Servicer Remittance Date (without regard pursuant to any grace period)this Agreement, the Servicer shall pay to the Securities AdministratorTrustee, for the account of the Securities Administratorits own account, interest on such late remittance from and including amounts at the prime rate for such date (as set forth in the Wall Street Journal) for the period commencing on the Servicer Remittance Date to but excluding through the date Business Day on which such remittance failure is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)remedied. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give written notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer Servicer, with respect to items (i) through (iv) below, shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee, with respect to items (i) through (iv) below, shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.034.04; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and10.01; (iv) any related amounts required Compensating Interest to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfall; (v) any amounts required to be paid to the Trustee pursuant to the Agreement, including, but not limited to Section 3.06 and Section 7.02; and (vi) any other amounts deposited hereunder which are required to be deposited in the Distribution Account.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt1), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt5), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt2)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a “Collection Account”), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within two (2) Business Days following receipt by the Servicer, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto): (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii); (vii) all Substitution Shortfall Amounts; and (viii) all Prepayment Premiums collected by the Servicer. For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitution. The foregoing requirements for deposit in the Collection Accounts shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees fees, any Prepayment Interest Excess and other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to the Servicer as additional compensation for its servicing activities. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails to remit to the Securities Administrator Trustee for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities AdministratorTrustee, for the account of the Securities AdministratorTrustee, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law). (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. Funds in the Distribution Account may be invested by the Trustee in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Insurer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator Trustee shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating Interest.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-Ch4)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within , in no event more than two (2) Business Days following receipt by after the Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, ) or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal PrepaymentsPrepayments (but not Prepayment Charges), on the Mortgage Loans; (ii) all payments on account of interest (net of the Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds and condemnation proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)10.01; (vii) all amounts required to be deposited in connection with Substitution Shortfall AmountsAdjustments pursuant to Section 2.03; and (viii) all Prepayment Premiums Charges collected by the Servicer. For purposes Servicer and any Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees, late payment charges, non sufficient funds assumption fees, reconveyance fees, assumption fees insufficient funds charges and other similar fees and charges ancillary income (other than Prepayment PremiumsCharges) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trust Fund Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 1:00 p.m. New York time (i) on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on Charges collected during the Mortgage Loans collected applicable Prepayment Period by the Servicer and Servicer Prepayment Charge Payment Amounts in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account Account, the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29 (other than any unless such Prepayment Premiums received after amounts are to be remitted in another manner as specified in the documentation establishing the related Prepayment PeriodAdvance Facility) and the amount required to be remitted to the Trustee in respect of Dividend Mortgage Loans pursuant to Section 3.30(c). If If, by 1:00 p.m. New York time, on the Servicer Remittance Date, the Servicer fails to remit to the Securities Administrator Trustee for distribution to deposit into the Certificateholders Distribution Account any payment, including any P&I Advance amounts required to be made so remitted by the Servicer on the Servicer Remittance Date (without regard pursuant to any grace period)this Agreement, the Servicer shall pay to the Securities AdministratorTrustee, for the account of the Securities Administratorits own account, interest on such late remittance from and including amounts at the Servicer Remittance Date to but excluding prime rate for such date (as set forth in the date on which WALL STREET JOURNAL) until such remittance failure is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)remedied. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer Servicer, with respect to items (i) through (iv) below, shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee, with respect to items (i) through (iv) below, shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.034.04; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and10.01; (iv) any related amounts required Compensating Interest to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfall; and (v) any amounts required to be paid to the Trustee pursuant to the Agreement, including, but not limited to Section 3.06 and Section 7.02.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Financial Asset Secs Corp Asset Backed Cert Sers 2003 Ff5), Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Back Certs Ser 2003 Ffh2), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2003-Ff4)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the The Master Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accountscollectively, a “the "Collection Account"), held on behalf of the Trustee in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the The Collection Account shall be an Eligible Account. The Master Servicer shall deposit or cause to be deposited in the related Collection Account Account, upon receipt (which account must be an Eligible Accountin the case of payments by Mortgagors or other collections on the Mortgage Loans) within two (2) Business Days following receipt by the Serviceror as otherwise required hereunder, the following payments and collections received or made by it or on behalf of the Master Servicer in respect of the Mortgage Pool subsequent to the related Cut-off Date (other than in respect of principal or and interest on the Mortgage Loans due and payable on or before the related Cut-off Date, or which payments (other than Principal Prepayments) received by it on or prior shall be delivered promptly to the related Cut-off Date but allocable to a Due Period subsequent theretoMortgage Loan Seller or its designee, with negotiable instruments endorsed as necessary and appropriate without recourse): (i) all payments on account of principal, including Principal Prepayments, on principal of the Mortgage Loans, including, without limitation, Principal Prepayments; (ii) all payments on account of interest on the Mortgage Loans and all late payment charges and charges for checks returned for insufficient funds collected on the Mortgage Loans; (net iii) all Prepayment Premiums and Yield Maintenance Premiums received in respect of the Servicing Fee) on each any Mortgage Loan; (iiiiv) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected Liquidation Proceeds described in clause (vi) of the definition thereof that are required to be deposited in the Distribution Account pursuant to Section 9.01) received in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection AccountLoan; (v) any amounts required to be deposited by the Master Servicer pursuant to Section 3.06 in connection with losses incurred with respect to investments of funds held in the second paragraph of Section 3.14(a) in respect of any blanket policy deductiblesCollection Account; (vi) all proceeds of any Mortgage Loan repurchased amounts required to be deposited by the Master Servicer or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all the Special Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)3.07(b) in connection with losses resulting from a deductible clause in a blanket hazard policy; (vii) all Substitution Shortfall Amountsany amounts required to be transferred from any REO Account pursuant to Section 3.16(c); and (viii) all Prepayment Premiums collected insofar as they do not constitute Escrow Payments, any amounts paid by the Servicer. For purposes of the immediately preceding sentence, the Cut-off Date with respect a Mortgagor specifically to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutioncover items for which a Servicing Advance has been made. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without . Without limiting the generality of the foregoing, actual payments from Mortgagors in the nature of late payment chargesEscrow Payments, non sufficient funds feesand amounts that the Master Servicer and the Special Servicer are entitled to retain as additional servicing compensation pursuant to Section 3.11(b) and Section 3.11(d), reconveyance feesrespectively, assumption fees and other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Master Servicer in the Collection Account and shall, upon collection, belong to Account. If the Servicer as additional compensation for its servicing activities. In the event the Master Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. The Master Servicer shall promptly deliver to the Special Servicer, as additional servicing compensation in accordance with Section 3.11(d), _____% of any assumption fees and _____% of any modification fees collected by the Master Servicer with respect to Mortgage Loans other than Specially Serviced Mortgage Loans and _____% of any assumption fees, modification fees and Net Penalty Charges received by the Master Servicer with respect to Specially Serviced Mortgage Loans. The Collection Account shall be maintained as a segregated account, separate and apart from trust funds created for mortgage pass-through certificates of other series serviced by the Master Servicer and the other accounts of the Master Servicer. Upon receipt of any of the amounts described in clauses (i) through (iv) above with respect to any Mortgage Loan, the Special Servicer shall promptly, but in no event later than one Business Day after receipt, remit such amounts to the Master Servicer for deposit into the Collection Account in accordance with the second preceding paragraph, unless the Special Servicer determines, consistent with the Servicing Standard, that a particular item should not be deposited because of a restrictive endorsement or other appropriate reason. Any such amounts received by the Special Servicer with respect to an REO Property shall be deposited by the Special Servicer into the REO Account and remitted to the Master Servicer for deposit into the Collection Account pursuant to Section 3.16(c). With respect to any such amounts paid by check to the order of the Special Servicer, the Special Servicer shall endorse such check to the order of the Master Servicer, without recourse or warranty, and shall deliver promptly, but in no event later than one Business Day after receipt, any such check to the Master Servicer by overnight courier, unless the Special Servicer determines, consistent with the Servicing Standard, that a particular item cannot be so endorsed and delivered because of a restrictive endorsement or other appropriate reason. (b) On behalf of the Trust Fund, the Securities Administrator The Trustee shall establish and maintain one or more trust accounts (such account or accountscollectively, the "Distribution Account”), ") to be held in trust for the benefit of the Trust Fund and the Certificateholders. The Distribution Account shall be an Eligible Account. On behalf of the Trust Fundeach Master Servicer Remittance Date, the Master Servicer shall deliver to the Securities Administrator in immediately available funds Trustee, for deposit in the Distribution Account on or before 4:00 p.m. New York time on Account, an aggregate amount of immediately available funds equal to the Master Servicer Remittance Amount for such Master Servicer Remittance Date. In addition, that portion of the Available Funds (calculated without regard Master Servicer shall, as and when required hereunder, deliver to the references Trustee for deposit in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account: (i) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected any P&I Advances required to be made by the Master Servicer in accordance with Section 4.03(a); (ii) any Compensating Interest Payments required to be made by the Master Servicer pursuant to Section 3.19(a); and (iii) any Liquidation Proceeds paid by the Master Servicer or Special Servicer in connection with the voluntary Principal Prepayment in full or in part purchase of any all of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit REO Properties pursuant to Section 9.01, exclusive of the portion of such Liquidation Proceeds required to be deposited in the Collection Account (other than pursuant to Section 9.01. Any amounts paid by any such Prepayment Premiums received after party hereto to indemnify the related Prepayment Period). If the Servicer fails Trust Fund pursuant to remit any provision hereof shall be delivered to the Securities Administrator Trustee for distribution deposit in the Distribution Account. The Trustee shall, upon receipt, deposit in the Distribution Account any and all amounts received or, pursuant to Section 4.03, advanced by the Certificateholders any payment, including any P&I Advance Trustee that are required by the terms of this Agreement to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)deposited therein. (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in of Section 3.123.06. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit Funds in the Distribution Account shall be held uninvested. (d) Funds held in a Collection Account at any time may be delivered by the Servicer to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating Interest.remain

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Criimi Mae CMBS Corp), Pooling and Servicing Agreement (Criimi Mae CMBS Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a the “Collection Account”), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within , in no event more than two (2) Business Days following receipt by after the Servicer’s receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the related Mortgage Loans due on or before the related Cut-off Date), or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds Proceeds, Subsequent Recoveries and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) 3.16 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)9.01; (vii) all Substitution Shortfall Amountsamounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viii) all Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds modification or assumption fees, reconveyance fees, assumption fees and other similar fees and or insufficient funds charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 by 3:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails funds reimbursable to remit an Advancing Person pursuant to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Section 3.26. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Trustee and the Depositor Certificate Insurer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Depositor and the Depositor Certificate Insurer of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request in writing that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfall. (e) [Reserved]. (f) The Servicer shall deposit in the Collection Account or Distribution Account, as the case may be, any amounts required to be deposited pursuant to Section 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Collection Account or Distribution Account, respectively.

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)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the The Master Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accountscollectively, a “the "Collection Account"), held on behalf of the Trustee in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the The Collection Account shall be an Eligible Account. The Master Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) , within two (2) Business Days following of receipt (in the case of payments by Mortgagors or other collections on or in respect of the ServicerMortgage Loans) or as otherwise required hereunder, the following payments and collections received or made by or on behalf of it subsequent to the related Cut-off Date (other than in respect of principal or principal, interest and any other amounts due and payable on the Mortgage Loans due on or before the related Cut-off Date, or which payments (other than Principal Prepayments) received by it on or prior shall be delivered promptly to the related Cut-off Date but allocable to a Due Period subsequent theretoMortgage Loan Seller or its designee, with negotiable instruments endorsed as necessary and appropriate without recourse): (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net at the respective Mortgage Rates on the Mortgage Loans and all Prepayment Premiums received in respect of the Servicing FeeMortgage Loans; (iii) all payments on each account of Default Charges on such Mortgage Loan; (iiiiv) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected net of all related Liquidation Expenses paid therefrom) received in respect of any particular REO Property Mortgage Loan (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer other than Liquidation Proceeds that are received in connection with a purchase by the Master Servicer or a Majority Certificateholder of the Controlling Class of all of the Mortgage Loans and any REO Properties in the Trust Fund and that are required to be deposited in the Distribution Account pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Master Servicer pursuant to Section 3.06 in connection with losses incurred with respect to Permitted Investments of funds held in the second paragraph of Section 3.14(a) in respect of any blanket policy deductiblesCollection Account; (vi) all proceeds of any Mortgage Loan repurchased amounts required to be deposited by the Master Servicer or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all the Special Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)3.07(b) in connection with losses resulting from a deductible clause in a blanket or master single interest policy; (vii) all Substitution Shortfall Amountsany amounts required to be transferred from the REO Account pursuant to Section 3.16(c); and (viii) all Prepayment Premiums collected any amounts representing payments made by the Servicer. For purposes Mortgagors that are allocable to cover items in respect of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionwhich Servicing Advances have been made. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without . Without limiting the generality of the foregoing, (A) actual payments from Mortgagors in the nature of late payment chargesEscrow Payments, non sufficient funds feesand amounts that the Master Servicer and the Special Servicer are entitled to retain as additional servicing compensation pursuant to Section 3.11(b) and Section 3.11(d), reconveyance feesrespectively, assumption fees and other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Master Servicer in the Collection Account and shall(B) with respect to any amount representing a sub-servicing fee (including, upon collectionwithout limitation, belong a Primary Servicing Fee, if applicable) that otherwise would be required to be deposited by the Master Servicer in the Collection Account and that, once so deposited, would have been permitted to be withdrawn immediately from the Collection Account pursuant to Section 3.05 as part of the payment of the Master Servicing Fee, such amount shall be deemed to have been deposited to and withdrawn from the Collection Account for such purpose to the extent that such sum has been retained by the Sub- Servicer as additional compensation for its servicing activitiespursuant to the related Sub-Servicing Agreement. In If the event the Master Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. The Master Servicer shall promptly deliver to the Special Servicer, as additional special servicing compensation in accordance with Section 3.11(d), assumption fees, modification fees, Net Default Charges and similar fees (excluding Prepayment Premiums) received by the Master Servicer with respect to Specially Serviced Mortgage Loans. The Collection Account shall be maintained as a segregated account, separate and apart from trust funds created for mortgage pass-through certificates of other series serviced and the other accounts of the Master Servicer. Upon receipt of any of the amounts described in clauses (i) through (iv) above with respect to any Mortgage Loan, the Special Servicer shall promptly, but in no event later than two Business Days after receipt, remit such amounts to the Master Servicer for deposit into the Collection Account in accordance with the second preceding paragraph, unless the Special Servicer determines, consistent with the Servicing Standard, that a particular item should not be deposited because of a restrictive endorsement or other appropriate reason. With respect to any such amounts paid by check to the order of the Special Servicer, the Special Servicer shall endorse such check to the order of the Master Servicer and shall deliver promptly, but in no event later than two Business Days after receipt, any such check to the Master Servicer by overnight courier, unless the Special Servicer determines, consistent with the Servicing Standard, that a particular item cannot be so endorsed and delivered because of a restrictive endorsement or other appropriate reason. Any such amounts received by the Special Servicer with respect to an REO Property shall be deposited by the Special Servicer into the REO Account and remitted to the Master Servicer for deposit into the Collection Account pursuant to Section 3.16(c). (b) On behalf of the Trust Fund, the Securities Administrator The Trustee shall establish and maintain one or more trust accounts (such account or accountscollectively, the "Distribution Account”), ") to be held in trust for the benefit of the Trust Fund and the Certificateholders. The Distribution Account shall be an Eligible Account. On behalf of the Trust Fundeach Master Servicer Remittance Date, the Master Servicer shall deliver to the Securities Administrator in immediately available funds Trustee, for deposit in the Distribution Account on or before 4:00 p.m. Account, an aggregate amount of immediately available funds equal to the Master Servicer Remittance Amount for such Master Servicer Remittance Date. If, at 1:00 p.m., New York time City time, on the any Master Servicer Remittance Date, that portion of the Available Funds (calculated without regard to Trustee has not received the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection AccountMaster Servicer Remittance Amount, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails to remit to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer Trustee shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law). (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give provide notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit Master Servicer in the Distribution Account shall be held uninvested. (dsame manner as required by Section 4.03(a) Funds held in a Collection Account at any time may be delivered by the Servicer hereof with respect to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstandingP&I Advances. In addition, subject to Section 3.04(c), the Master Servicer shall shall, as and when required hereunder, deliver to the Securities Administrator from time to time Trustee for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator shall so deposit, in the Distribution Account: (i) any P&I Advances, as Advances required pursuant to be made by the Master Servicer in accordance with Section 4.034.03(a); (ii) any amounts required to be deposited by the Master Servicer pursuant to Section 3.23(d) or (f3.19(e) in connection with any REO Property;Prepayment Interest Shortfalls; and (iii) any amounts required to be transferred from the Interest Reserve Account pursuant to Section 3.05(c) in March of any year. Furthermore, any Liquidation Proceeds paid by the Master Servicer or a Majority Certificateholder of the Controlling Class in connection with a the purchase of all of the Mortgage Loans and any REO Properties pursuant to Section 9.01; and (iv) any related amounts , exclusive of the portion of such Liquidation Proceeds required to be deposited in the Collection Account pursuant to Section 3.24 9.01, shall be deposited in connection the Distribution Account. The Trustee shall, upon receipt, deposit in the Distribution Account any and all amounts received or advanced by the Trustee that are required by the terms of this Agreement to be deposited therein. (c) The Master Servicer shall establish and maintain one or more accounts (collectively, the "Interest Reserve Account") to be held in trust for the benefit of the Certificateholders. The Interest Reserve Account shall be an Eligible Account. On each Master Servicer Remittance Date in February and, during a year that is not a leap year, in January, prior to transferring the related Master Servicer Remittance Amount to the Distribution Account on such Master Servicer Remittance Date, the Master Servicer shall withdraw from the Collection Account (out of general collections on the Mortgage Loans and any REO Properties), and deposit in the Interest Reserve Account, an amount equal to the Interest Reserve Amount, if any, in respect of each Interest Reserve Loan for such Master Servicer Remittance Date; provided that, if the Master Servicer Remittance Amount for any such Master Servicer Remittance Date (calculated without regard to deduction for such Interest Reserve Amounts) is less than the amount required to be transferred to the Interest Reserve Account on such date pursuant to this Section 3.04(c), then the Master Servicer shall (i) so notify the Trustee, (ii) deduct the shortfall from the interest portion of any P&I Advances to be made in respect of the Interest Reserve Loans on such Master Servicer Remittance Date and (iii) promptly deposit the amount so deducted in the Interest Reserve Account. (d) Funds in the Collection Account and the Interest Reserve Account may be invested in Permitted Investments in accordance with the provisions of Section 3.06. The Master Servicer shall give notice to the other parties hereto of the location of each of the Collection Account and the Interest Reserve Account as of the Closing Date and of the new location of each of the Collection Account and the Interest Reserve Account prior to any Compensating Interestchange thereof. The Trustee shall give notice to the other parties hereto of the location of the Distribution Account as of the Closing Date and of the new location of the Distribution Account prior to any change thereof.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc), Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trust Administrator, the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the related Collection Account clearing account (which account must be an Eligible Account) within in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis, and in no event more than two (2) Business Days following after the Master Servicer's receipt by thereof, and shall thereafter deposit in the ServicerCollection Account, in no event more than one Business Day after the deposit of such funds into the clearing account, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to from and after the related Cut-off Date (other than in respect of principal or interest on the related Mortgage Loans due on or before the related Cut-off Date), or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Master Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Master Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) 2.03 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);9.01; and (vii) all Substitution Shortfall Amounts; and (viii) all Prepayment Premiums collected by the Serviceramounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03. For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitution. The foregoing requirements for deposit in the Collection Accounts shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, charges or assumption fees and other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Master Servicer in the Collection Account and shall, upon collection, belong to the Servicer as additional compensation for its servicing activitiesAccount. In the event the Master Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails to remit to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law). (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a Collection Account at any time may be delivered by the Servicer to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating Interest.

Appears in 1 contract

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

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee Trust Administrator, the Trustee, the Certificate Insurer and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect payments of principal or and interest due on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto): (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan, other than Simple Interest Excess which shall be deposited in the Simple Interest Excess Sub-Account; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);9.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums collected Charges or Servicer Prepayment Charge Payment Amounts required to be deposited by the Servicer. For purposes Servicer in connection with a breach of the immediately preceding sentence, the Cut-off Date its obligations under Section 3.01 with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date waiver of substitutionPrepayment Charges. The foregoing requirements for deposit in the Collection Accounts shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to the Servicer as additional compensation for its servicing activitiesAccount. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. No later than the Closing Date, the Servicer shall establish and maintain a sub-account of the Collection Account. The Servicer shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, and shall maintain a record of all such deposits. The Servicer shall withdraw amounts on deposit in the Simple Interest Excess Sub-Account on each Determination Date for remittance to the Trustee in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date. Amounts on deposit in the Simple Interest Excess Sub-Account may be invested in Permitted Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of the Servicer as servicing compensation and shall be retained by it. The amount of any losses in the Simple Interest Excess Sub-Account shall promptly be deposited by the Servicer in such Simple Interest Excess Sub-Account. (b) On behalf of the Trust Fund, the Securities Trust Administrator shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust Fund Fund, the Certificate Insurer and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Trust Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 3:00 p.m. New York time (i) on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and (together with any payment by the Servicer of any Servicer Prepayment Premium Charge Payment Amounts Amount in respect of a Prepayment Charge waived, other than as permitted in Section 3.01) then on deposit in the Collection Account and the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.28, and (other than ii) on each Business Day as of the commencement of which the balance on deposit in the Collection Account exceeds $75,000 following any withdrawals pursuant to the next succeeding sentence, the amount of such Prepayment Premiums received after excess, but only if the related Prepayment Period). Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account." If the balance on deposit in the Collection Account exceeds $75,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer fails to remit shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Securities Administrator for distribution Depositor, the Servicer, the Trust Administrator, the Trustee or the Seller pursuant to Section 3.11 and shall pay such amounts to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities AdministratorCertificate Insurer, NIMS Insurer the Trust Administrator and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Trust Administrator shall give notice to the Trustee, the Servicer, NIMS Insurer, the Trustee Certificate Insurer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer in immediately available funds to the Securities Trust Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Trust Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Trust Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Trust Administrator or the Trustee incur liability as a result of withdrawals from the Distribution Account at the direction of the Servicer in accordance with the immediately preceding sentence. In addition, the Servicer shall deliver to the Securities Trust Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator shall so deposit, in the Distribution AccountAccount the amounts set forth in clauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.03, unless such Advances are delivered directly to the Trust Administrator by an Advancing Person; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating Interest.3.23

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mort Ln Tr Asst Back Ps THR Certs Ser 2003-He3)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee Trustee, the Certificateholders and the CertificateholdersCertificate Insurer. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within two (2) Business Days following receipt by the Serviceron a daily basis, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing FeeFee and any Servicing Fees and other servicing compensation for prior months not paid in full) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Master Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account;; and (v) any amounts required to be deposited by the Master Servicer pursuant to the second first paragraph of Section 3.14(a3.13(b) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii); (vii) all Substitution Shortfall Amounts; and (viii) all Prepayment Premiums collected by the Servicer. For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitution. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of prepayment or late payment charges, non sufficient funds fees, reconveyance fees, charges or assumption fees and other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Master Servicer in the Collection Account and shall, upon collection, belong to the Servicer as additional compensation for its servicing activitiesAccount. In the event the Master Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trust Fund Certificateholders and the CertificateholdersCertificate Insurer. On behalf of the Trust Fund, the Master Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. noon New York time on the Master Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from deposited to the Distribution AccountAccount from a different source as provided herein) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any . On each Business Day as of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then commencement of which the balance on deposit in the Collection Account exceeds $75,000 following any withdrawals pursuant to the next succeeding sentence, the amount of such excess, but only if the Collection Account constitutes an Eligible Account, the deposits of which are fully insured by the FDIC (other than any such Prepayment Premiums received after to the related Prepayment Periodlimits established by the FDIC). If the Servicer fails to remit to balance on deposit in the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account Collection Account exceeds $75,000 as of the Securities Administratorcommencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible 62 Account," the Master Servicer shall, interest on or before 3:00 p.m. New York time on such late remittance Business Day, withdraw such amounts from the Collection Account and including deposit them in the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Distribution Account. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Trustee and the Depositor Certificate Insurer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Master Servicer, NIMS Insurer, the Trustee Depositor and the Depositor Certificate Insurer of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Master Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that -------- ------- the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Master Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request in writing in the form of a Servicing Officer's Certificate that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Master Servicer shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee shall so deposit, in the Distribution Account: (i) any P&I Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfalls. (e) Promptly upon receipt of any Stayed Funds, whether from the Master Servicer, a trustee in bankruptcy, or federal bankruptcy court or other source, the Trustee shall deposit such funds in the Distribution Account, subject to withdrawal thereof as otherwise permitted hereunder. In addition, the Trustee shall deposit in the Distribution Account any amounts required to be deposited pursuant to Section 3.12 in connection with losses realized on Permitted Investments with respect to funds held in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (United Panam Financial Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the each Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “Collection Account”)Accounts, held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer Servicers shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee, the LPMI Fee, if any, and any Prepayment Interest Excess) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the related Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01); (iv) any amounts required to be deposited pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the related Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the related Servicer and all proceeds (net of any amounts payable or reimbursable to the related Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes related Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed Loans or amounts required to be deposited by the date related Servicer in connection with a breach of substitutionits obligations under Section 3.01. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the related Servicer in the Collection Account and shall, upon collection, belong to may be retained by the related Servicer as additional compensation for its servicing activitiescompensation. In the event the related Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer Servicers shall deliver to the Securities Administrator Administrator, in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. 12:00 noon New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Accounts and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the related Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than Accounts and the amount of any such Prepayment Premiums received after the related Prepayment Period)funds reimbursable to an Advance Financing Person pursuant to Section 3.25. If the balance on deposit in a Collection Account exceeds $100,000 as of the commencement of business on any Business Day and such Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the related Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from such Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the related Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Certificateholders Persons entitled thereto. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer Securities Administrator on or after the Servicer Remittance Date (without regard to any grace period)first Business Day following the Business Day on which such payment was due, the Securities Administrator shall send written notice thereof to the related Servicer. The related Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, payment at an annual rate equal to Prime Rate (as defined in the Federal Funds Rate Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the related Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the day following such first Business Day and ending with the Business Day on which such payment is made, both inclusive. The payment by the related Servicer of any such interest, or the failure of the Securities Administrator to notify the related Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the related Servicer. (c) Funds in the Collection Accounts and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The related Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Administrator and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee related Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account Accounts at any time may be delivered by the Servicer Servicers in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the a Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the related Servicer in accordance with the immediately preceding sentence. In addition, the related Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Terwin Mort Trust Series TMTS 2003 6he)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts accounts, each an Eligible Account, (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the related Collection Account clearing account (which account must be an Eligible Account) within two in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities (2the "Master Servicer's Account") on a daily basis, and in no event more than one Business Days following Day after the Master Servicer's receipt by thereof, and shall thereafter deposit in the ServicerCollection Account, on the Servicer Remittance Date, the following payments and collections received or made by it subsequent to the related Cut-off Off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Off Date, ) or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, Prepayments on the Mortgage Loans; (ii) all payments on account of interest (net of the related Master Servicing Fee or Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Master Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);as contemplated hereunder; and (vii) all Substitution Shortfall Amounts; and (viii) all Prepayment Premiums collected by the Servicer. For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed amounts required to be the date of substitutiondeposited in connection with Substitution Adjustments pursuant to Section 2.03. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds ancillary income and assumption fees, reconveyance fees, assumption fees and other similar fees and or insufficient funds charges (other than Prepayment Premiums) need not be deposited by the Master Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Master Servicer as additional compensation for its servicing activitiescompensation. In the event the Master Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trust Fund Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. the Close of Business New York time on the Master Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails to remit to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law). (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. Funds in the Distribution Account shall be invested in Permitted Investments selected by the Seller. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Master Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held in the Distribution Account pursuant to this subsection (d). In the event that the Master Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer Master Servicer, with respect to items (i) through (iv) below, shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee, with respect to items (i) through (iv) below, shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03hereunder; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related Compensating Interest to be deposited pursuant to Section 3.24. (e) [Reserved]. (f) The Master Servicer shall deposit in the Collection Account any amounts required to be deposited pursuant to Section 3.24 3.12(b) in connection with any Compensating Interestlosses realized on Permitted Investments with respect to funds held in the Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Sec Tr 2001-1 MRT Ln Ps THR CRT Sr 2001-1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the each Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer Servicers shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing FeeFee and with respect to Ocwen, any Prepayment Interest Excess) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the related Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01); (iv) any amounts required to be deposited pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the related Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the related Servicer and all proceeds (net of any amounts payable or reimbursable to the related Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes related Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed Loans or amounts required to be deposited by the date related Servicer in connection with a breach of substitutionits obligations under Section 3.01. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the related Servicer in the Collection Account and shall, upon collection, belong to may be retained by the related Servicer as additional compensation for its servicing activitiescompensation. In the event the related Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer Servicers shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account (i) with respect to Provident, on or before 4:00 12:00 noon New York time on the Servicer Remittance Date; and with respect to Ocwen, on or before 12:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Accounts and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the related Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Accounts and the amount of any funds reimbursable to an Advance Financing Person pursuant to Section 3.25, and (ii) on each Business Day as of the commencement of which the balance on deposit in a Collection Account exceeds $75,000 following any withdrawals pursuant to the next succeeding sentence, the amount of such excess, but only if such Collection Account constitutes an Eligible Account solely pursuant to clause (other than ii) of the definition of "Eligible Account." If the balance on deposit in a Collection Account exceeds $75,000 as of the commencement of business on any Business Day and such Prepayment Premiums received after Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the related Prepayment Period). If Servicer shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from such Collection Account any and all amounts payable or reimbursable to the Servicer fails to remit to Depositor, the related Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Certificateholders Persons entitled thereto. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer Securities Administrator on or after the Servicer Remittance Date (without regard to any grace period)first Business Day following the Business Day on which such payment was due, the Securities Administrator shall send written notice thereof to the related Servicer. The related Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, payment at an annual rate equal to Prime Rate (as defined in the Federal Funds Rate Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the related Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the day following such first Business Day and ending with the Business Day on which such payment is made, both inclusive. The payment by the related Servicer of any such interest, or the failure of the Securities Administrator to notify the related Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the related Servicer. (c) Funds in the Collection Accounts and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The related Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Administrator and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee related Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account Accounts at any time may be delivered by the Servicer Servicers in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the a Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the related Servicer in accordance with the immediately preceding sentence. In addition, the related Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Loan Trust Series 2003-Nc1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “Collection Account”)Accounts, held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it amounts attributable to a Due Date on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):Date: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01Property); (iv) any amounts required to be deposited pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed Loans or amounts required to be deposited by the date of substitutionServicer pursuant to Section 2.05. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. 12:00 noon New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period)funds reimbursable to an Advance Financing Person pursuant to Section 3.25. If the balance on deposit in the Collection Account exceeds $100,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Certificateholders Persons entitled thereto. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer Securities Administrator on or after the Servicer Remittance Date (without regard to any grace period)first Business Day following the Business Day on which such payment was due, the Securities Administrator shall send written notice thereof to the Servicer. The Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, payment at an annual rate equal to Prime Rate (as defined in the Federal Funds Rate Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the day following such first Business Day and ending with the Business Day on which such payment is made, both inclusive. The payment by the Servicer of any such interest, or the failure of the Securities Administrator to notify the Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Administrator and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the Servicer in accordance with the immediately preceding sentence. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2004 Fm1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the The Master Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accountscollectively, a “the "Collection Account"), held on behalf of the Trustee in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the The Collection Account shall be an Eligible Account. The Master Servicer shall deposit or cause to be deposited in the related Collection Account Account, upon receipt (which account must be an Eligible Accountin the case of payments by Mortgagors or other collections on the Mortgage Loans) within two (2) Business Days following receipt by the Serviceror as otherwise required hereunder, the following payments and collections received or made by it or on behalf of the Master Servicer in respect of the Mortgage Pool subsequent to the related Cut-off Date (other than in respect of principal or and interest on the Mortgage Loans due and payable on or before the related Cut-off Date, or which payments (other than Principal Prepayments) received by it on or prior shall be delivered promptly to the related Cut-off Date but allocable to a Due Period subsequent theretoMortgage Loan Seller or its designee, with negotiable instruments endorsed as necessary and appropriate without recourse): (i) all payments on account of principal, including Principal Prepayments, on principal of the Mortgage Loans, including, without limitation, Principal Prepayments; (ii) all payments on account of interest on the Mortgage Loans and all late payment charges and charges for checks returned for insufficient funds collected on the Mortgage Loans; (net iii) all Prepayment Premiums and Yield Maintenance Premiums received in respect of the Servicing Fee) on each any Mortgage Loan; (iiiiv) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected Liquidation Proceeds described in clause (vi) of the definition thereof that are required to be deposited in the Distribution Account pursuant to Section 9.01) received in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection AccountLoan; (v) any amounts required to be deposited by the Master Servicer pursuant to Section 3.06 in connection with losses incurred with respect to Permitted Investments of funds held in the second paragraph of Section 3.14(a) in respect of any blanket policy deductiblesCollection Account; (vi) all proceeds of any Mortgage Loan repurchased amounts required to be deposited by the Master Servicer or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all the Special Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)3.07(b) in connection with losses resulting from a deductible clause in a blanket hazard policy; (vii) all Substitution Shortfall Amountsany amounts required to be transferred from any REO Account pursuant to Section 3.16(c); and (viii) all Prepayment Premiums collected insofar as they do not constitute Escrow Payments, any amounts paid by the Servicer. For purposes of the immediately preceding sentence, the Cut-off Date with respect a Mortgagor specifically to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutioncover items for which a Servicing Advance has been made. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without . Without limiting the generality of the foregoing, actual payments from Mortgagors in the nature of late payment chargesEscrow Payments, non sufficient funds feesand amounts that the Master Servicer and the Special Servicer are entitled to retain as additional servicing compensation pursuant to Section 3.11(b) and Section 3.11(d), reconveyance feesrespectively, assumption fees and other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Master Servicer in the Collection Account and shall, upon collection, belong to Account. If the Servicer as additional compensation for its servicing activities. In the event the Master Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. The Master Servicer shall promptly deliver to the Special Servicer, as additional servicing compensation in accordance with Section 3.11(d), _____% of any assumption fees and _____% of any modification fees collected by the Master Servicer with respect to Mortgage Loans other than Specially Serviced Mortgage Loans and _____% of any assumption fees, modification fees and Net Penalty Charges received by the Master Servicer with respect to Specially Serviced Mortgage Loans. The Collection Account shall be maintained as a segregated account, separate and apart from trust funds created for mortgage pass-through certificates of other series serviced and the other accounts of the Master Servicer. Upon receipt of any of the amounts described in clauses (i) through (iv) above with respect to any Mortgage Loan, the Special Servicer shall promptly, but in no event later than one Business Day after receipt, remit such amounts to the Master Servicer for deposit into the Collection Account in accordance with the second preceding paragraph, unless the Special Servicer determines, consistent with the Servicing Standard, that a particular item should not be deposited because of a restrictive endorsement or other appropriate reason. Any such amounts received by the Special Servicer with respect to an REO Property shall be deposited by the Special Servicer into the REO Account and remitted to the Master Servicer for deposit into the Collection Account pursuant to Section 3.16(c). With respect to any such amounts paid by check to the order of the Special Servicer, the Special Servicer shall endorse such check to the order of the Master Servicer, without recourse or warranty, and shall deliver promptly, but in no event later than one Business Day after receipt, any such check to the Master Servicer by overnight courier, unless the Special Servicer determines, consistent with the Servicing Standard, that a particular item cannot be so endorsed and delivered because of a restrictive endorsement or other appropriate reason. (b) On behalf of the Trust Fund, the Securities Administrator The Trustee shall establish and maintain one or more trust accounts (such account or accountscollectively, the "Distribution Account”), ") to be held in trust for the benefit of the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails to remit to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law). (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a Collection Account at any time may be delivered by the Servicer to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating Interest.Eligible

Appears in 1 contract

Samples: Pooling and Servicing Agreement (DLJ Commercial Mortgage Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain, maintain an account or cause to be established and maintained, one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect payments of principal or and interest due on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto): (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Master Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Master Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Master Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles;; and (vi) all proceeds of any Mortgage Loan repurchased Purchase Price or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii); (vii) all Substitution Shortfall AmountsAmount delivered to the Master Servicer; and (viii) all Prepayment Premiums collected by the Servicer. For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitution. The foregoing requirements for deposit in the Collection Accounts shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance feesprepayment charges that are not prepayment penalties, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Master Servicer in the Collection Account and shall, upon collection, belong to the Servicer as additional compensation for its servicing activitiesAccount. In the event the Master Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts account (such account or accountsaccount, the "Distribution Account"), held in trust for the benefit of the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 12:00 p.m. New York time on the Master Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) Interest Remittance Amount and Principal Remittance Amount for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on the Mortgage Loans collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails to remit to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law). (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Master Servicer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Master Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Master Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Master Servicer shall deliver to the Securities Administrator Trustee from time to time for deposit and the amounts set forth in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator shall so deposit, in the Distribution Accountclauses (i) through (v) below: (i) any P&I Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer Terminator in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and10.01; (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfalls; and (v) any Stayed Funds, as soon as permitted by the federal bankruptcy court having jurisdiction in such matters. (e) Promptly upon receipt of any Stayed Funds, whether from the Master Servicer, a trustee in bankruptcy, or federal bankruptcy court or other source, the Trustee shall deposit such funds in the Distribution Account, subject to withdrawal thereof pursuant to Section 7.02(b) or as otherwise permitted hereunder. In addition, the Master Servicer shall deposit in the Distribution Account any amounts required to be deposited pursuant to Section 3.12 in connection with losses realized on Permitted Investments with respect to funds held in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “"Collection Account”)Accounts", held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing FeeFee and any Prepayment Interest Excess) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries Property) and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01)all Subsequent Recoveries; (iv) any amounts required to be deposited by the Servicer pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed Loans or amounts required to be deposited by the date Servicer in connection with a breach of substitutionits obligations under Section 2.05. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. 12:00 noon New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period)funds reimbursable to an Advance Financing Person pursuant to Section 3.25. If the balance on deposit in a Collection Account exceeds $100,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Certificateholders Persons entitled thereto. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer on Securities Administrator after the Servicer Remittance Date (without regard to any grace period)on which such payment was due, the Securities Administrator shall send written notice thereof to the Servicer. The Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including payment by the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Prime Rate (as defined in THE WALL STREET JOURNAL) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the Servicer Remittance Date and ending with the Business Day on which such payment is made, both inclusive. The payment by the Servicer of any such interest, or the failure of the Securities Administrator to notify the Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer. (c) Funds in the Collection Account and funds in the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a Collection Account at any time may be delivered by the Servicer to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating Interest.in

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Sd1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “Collection AccountAccounts), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within two (2) Business Days following receipt by the Serviceron a daily basis as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it amounts attributable to a Due Date on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):Date: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing FeeFee and any Prepayment Interest Excess) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected Property) and all Subsequent Recoveries with respect to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01)Loans; (iv) any amounts required to be deposited by the Servicer pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed Loans or amounts required to be deposited by the date Servicer in connection with a breach of substitutionits obligations to collect a Prepayment Charge under Section 3.01. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period)funds reimbursable to an Advance Financing Person pursuant to Section 3.25. If the balance on deposit in a Collection Account exceeds $100,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of “Eligible Account,” the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09 and shall pay such amounts to the Certificateholders Persons entitled thereto or shall establish a separate Collection Account (which shall also be an Eligible Account) and withdraw from the existing Collection Account the amount on deposit therein in excess of $100,000 and deposit such excess in the newly created Collection Account. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer Securities Administrator on or after the Servicer Remittance Date (without regard to any grace period)first Business Day following the Business Day on which such payment was due, the Securities Administrator shall send written notice thereof to the Servicer. The Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including payment by the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Prime Rate (as defined in The Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the day such payment was due and ending with the Business Day on which such payment is made, both inclusive. The payment by the Servicer of any such interest, or the failure of the Securities Administrator to notify the Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer. (c) Funds in the Collection Account and funds in the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Administrator and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the Servicer in accordance with the immediately preceding sentence. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any related REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Loan Trust 2005-He5)

AutoNDA by SimpleDocs

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within , in no event more than two (2) Business Days following receipt by after the Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, ) or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date Date, but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal PrepaymentsPrepayments (but not Prepayment Charges), on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds, Liquidation Proceeds and Liquidation Proceeds condemnation proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) 2.03 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)9.01; (vii) all amounts required to be deposited in connection with Substitution Shortfall Amounts; andAdjustments pursuant to Section 2.03; (viii) all Prepayment Premiums Charges collected by the Servicer. For purposes Servicer and any Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans; and (ix) [reserved]. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees, late payment charges, non sufficient funds assumption fees, reconveyance fees, assumption fees insufficient funds charges and other similar fees and charges ancillary income (other than Prepayment PremiumsCharges) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trust Fund Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 1:00 p.m. New York time (i) on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on Charges collected during the Mortgage Loans collected applicable Prepayment Period by the Servicer and Servicer Prepayment Charge Payment Amounts in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails funds reimbursable to remit an Advancing Person pursuant to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Section 3.29. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer Servicer, with respect to items (i) through (iv) below, shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee, with respect to items (i) through (iv) below, shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and; (iv) any related amounts required Compensating Interest to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfall; and (v) any amounts required to be paid to the Trustee pursuant to the Agreement, including, but not limited to Section 3.06 and Section 7.02. (e) The Servicer shall deposit in the Collection Account any amounts required to be deposited pursuant to Section 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pas THR Cert Ser 2003 WMC)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “Collection Account”)Accounts, held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due amounts attributable to a Due Date on or before prior to the related Cut-off Date, Date or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date Date, but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal PrepaymentsPrepayments (but not Prepayment Charges), on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing FeeFee and any Prepayment Interest Excess) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries Property) and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01)all Subsequent Recoveries; (iv) any amounts required to be deposited by the Servicer pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer and the Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. 12:00 noon New York time on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period)Account. If the balance on deposit in the Collection Account exceeds $100,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of “Eligible Account,” the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Certificateholders Persons entitled thereto. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer Securities Administrator on or after the Servicer Remittance Date (without regard to any grace period)first Business Day following the Business Day on which such payment was due, the Securities Administrator shall send written notice thereof to the Servicer. The Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including payment by the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to Prime Rate (as defined in the Federal Funds Rate Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the day following such first Business Day and ending with the Business Day on which such payment is made, both inclusive. The payment by the Servicer of any such interest, or the failure of the Securities Administrator to notify the Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer. (c) Funds in the Collection Account maintained by the Servicer and funds in the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Administrator and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account maintained by the Servicer at any time may be delivered by the Servicer in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the Servicer in accordance with the immediately preceding sentence. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SG Mortgage Securities Trust 2005-Opt1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “Collection Account”)Accounts, held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it amounts attributable to a Due Date on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):Date: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing FeeFee and any Prepayment Interest Excess) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries Property) and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01)all Subsequent Recoveries; (iv) any amounts required to be deposited by the Servicer pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed Loans or amounts required to be deposited by the date Servicer in connection with a breach of substitutionits obligations under Section 2.05. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. 12:00 noon New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period)funds reimbursable to an Advance Financing Person pursuant to Section 3.25 of this Agreement. If the balance on deposit in the Collection Account exceeds $100,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Certificateholders Persons entitled thereto. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer Securities Administrator on or after the Servicer Remittance Date (without regard to any grace period)first Business Day following the Business Day on which such payment was due, the Securities Administrator shall send written notice thereof to the Servicer. The Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including payment by the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to Prime Rate (as defined in the Federal Funds Rate Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). (c) Funds in the Collection Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account Such interest shall be held uninvested. (d) Funds held in a Collection Account at any time may be delivered paid by the Servicer to the Securities Administrator for deposit in an account (on the date such late payment is made and shall cover the period commencing with the day following such first Business Day and ending with the Business Day on which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until payment is made, both inclusive. The payment by the Servicer Remittance Date when of any such amounts are required to be deposited into interest, or the Distribution Account; provided, however, that failure of the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that notify the Servicer of such interest, shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator from time to deemed an extension of time for deposit and in payment or a waiver of any event shall remit all such amounts no later than the Servicer Remittance Date, and the Securities Administrator shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid Event of Default by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating InterestServicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2004-Op1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “"Collection Account”)Accounts", held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and, in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it amounts attributable to a Due Date on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):Date: (i) all payments on account of principal, including Principal Prepayments, on the Litton Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Litton Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless and all Subsequent Recoveries with respect to the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts Litton Mortgage Loans xxx xxounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited by the Servicer pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Litton Mortgage Loan repurchased or purchased Loans xxxxxxsed in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts 10.01 or pursuant to Section 2.03(b)(ii);any other provision of this Agreement; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, Litton Mortgage Loans or amountx xxxxired to be deposited by the Cut-off Date Servicer in connection with a breach of its obligations under Section 3.01 with respect to the waiver of Prepayment Charges or any Qualified Substitute Mortgage Loan shall be deemed to be amounts paid by the date Seller in respect of substitutionany waived Prepayment Charges as described in Section 3.01. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to the Servicer as additional compensation for its servicing activitiesAccount. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 3:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Litton Mortgage Loans and any (includinx xxx Servicer Prepayment Premium Payment Amounts Charge Amount) then on deposit in the Collection Account (other than relating to the Litton Mortgage Loans and the axxxxx of any such Prepayment Premiums received after the related Prepayment Period)funds reimbursable to an Advance Financing Person pursuant to Section 3.25. If the balance on deposit in the Collection Account exceeds $100,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09 and shall pay such amounts to the Certificateholders Persons entitled thereto. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer Securities Administrator on or after the Servicer Remittance Date (without regard to any grace period)first Business Day following the Business Day on which such payment was due, the Securities Administrator shall send written notice thereof to the Servicer. The Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including payment by the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Prime Rate (as defined in The Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the day following such first Business Day and ending with the Business Day on which such payment is made, both inclusive. The payment by the Servicer of any such interest, or the failure of the Securities Administrator to notify the Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Administrator and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the Servicer in accordance with the immediately preceding sentence. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any REO PropertyProperty related to a Litton Mortgage Loan; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Litton Mortgage Loans and REO Properties Pxxxxxxies pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls with respect to a Litton Mortgage Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Rm2)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “Collection AccountAccounts), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it amounts attributable to a Due Date on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):Date: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected Property) and all Subsequent Recoveries with respect to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01)Loans; (iv) any amounts required to be deposited by the Servicer pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, Mortgage Loans or amounts required to be deposited by the Cut-off Date Servicer in connection with a breach of its obligations under Section 2.05 with respect to the waiver of Prepayment Charges or any Qualified Substitute Mortgage Loan shall be deemed to be amounts paid by the date Seller in respect of substitutionany waived Prepayment Charges as described in Section 3.01. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 3:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and (including any Servicer Prepayment Premium Payment Amounts Charge Amount) then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period)funds reimbursable to an Advance Financing Person pursuant to Section 3.25. If the balance on deposit in a Collection Account exceeds $100,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of “Eligible Account,” the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09 and shall pay such amounts to the Certificateholders Persons entitled thereto or shall establish a separate Collection Account (which shall also be an Eligible Account) and withdraw from the existing Collection Account the amount on deposit therein in excess of $100,000 and deposit such excess in the newly created Collection Account. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer on Securities Administrator after the Servicer Remittance Date (without regard to any grace period)18th day of the month, or if the 18th day is not a Business Day, the immediately following Business Day, the Securities Administrator shall send written notice thereof to the Servicer. The Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including payment by the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Prime Rate (as defined in The Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the day following such 18th day, or if the 18th day is not a Business Day, the day immediately following Business Day and ending with the Business Day on which such payment is made, both inclusive. The payment by the Servicer of any such interest, or the failure of the Securities Administrator to notify the Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer. (c) Funds in the Collection Account and funds in the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Administrator and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the Servicer in accordance with the immediately preceding sentence. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any related REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-Ag1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a the “Collection Account”), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within , in no event more than two (2) Business Days following receipt by after the Servicer’s receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the related Mortgage Loans due on or before the related Cut-off Date), or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds Proceeds, Subsequent Recoveries and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) 3.16 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)9.01; (vii) all Substitution Shortfall Amountsamounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viii) all Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds modification or assumption fees, reconveyance fees, assumption fees and other similar fees and prepayment interest excess or insufficient funds charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails funds reimbursable to remit an Advancing Person pursuant to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Section 3.26. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request in writing that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfall. (e) [Reserved]. (f) The Servicer shall deposit in the Collection Account, any amounts required to be deposited pursuant to Section 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2005-D)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee Trustee, the Certificateholders and the CertificateholdersMBIA. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01); (iv) any amounts required to be deposited pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed Loans or amounts required to be deposited by the date Servicer in connection with a breach of substitutionits obligations under Section 3.01. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Securities Administrator, the Trust Fund Fund, the Certificateholders and the CertificateholdersMBIA. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account (i) on or before 4:00 p.m. 12:00 noon New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account and the amount of any funds reimbursable to an Advance Financing Person pursuant to Section 3.25, and (other than ii) on each Business Day as of the commencement of which the balance on deposit in the Collection Account exceeds $75,000 following any withdrawals pursuant to the next succeeding sentence, the amount of such Prepayment Premiums received after excess, but only if the related Prepayment Period). Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account." If the balance on deposit in the Collection Account exceeds $75,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer MBIA and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee MBIA and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the Servicer in accordance with the immediately preceding sentence. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2003 Hs1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within , in no event more than two (2) Business Days following receipt by after the Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, ) or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date Date, but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal PrepaymentsPrepayments (but not Prepayment Charges), on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds, Liquidation Proceeds and Liquidation Proceeds condemnation proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) 2.03 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)9.01; (vii) all amounts required to be deposited in connection with Substitution Shortfall Amounts; andAdjustments pursuant to Section 2.03; (viii) all Prepayment Premiums Charges collected by the Servicer. For purposes Servicer and any Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans; and (ix) [reserved]. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees, late payment charges, non sufficient funds assumption fees, reconveyance fees, assumption fees insufficient funds charges and other similar fees and charges ancillary income (other than Prepayment PremiumsCharges) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trust Fund Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 1:00 p.m. New York time (i) on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on Charges collected during the Mortgage Loans collected applicable Prepayment Period by the Servicer and Servicer Prepayment Charge Payment Amounts in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails funds reimbursable to remit an Advancing Person pursuant to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Section 3.29. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; providedPROVIDED, howeverHOWEVER, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer Servicer, with respect to items (i) through (iv) below, shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee, with respect to items (i) through (iv) below, shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and; (iv) any related amounts required Compensating Interest to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfall; and (v) any amounts required to be paid to the Trustee pursuant to the Agreement, including, but not limited to Section 3.06 and Section 7.02. (e) The Servicer shall deposit in the Collection Account any amounts required to be deposited pursuant to Section 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pas THR Cert Se 03 WMC)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a the “Collection Account”), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within , in no event more than two (2) Business Days following receipt by after the Servicer’s receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the related Mortgage Loans due on or before the related Cut-off Date), or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds Proceeds, Subsequent Recoveries and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) 3.16 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)9.01; (vii) all Substitution Shortfall Amountsamounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viii) all Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds modification or assumption fees, reconveyance fees, assumption fees and other similar fees and or insufficient funds charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 by 3:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails funds reimbursable to remit an Advancing Person pursuant to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Section 3.26. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request in writing that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfall. (e) [Reserved]. (f) The Servicer shall deposit in the Collection Account or Distribution Account, as the case may be, any amounts required to be deposited pursuant to Section 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Collection Account or Distribution Account, respectively.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2005-B)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “"Collection Account”)Accounts", held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, or payments (other than Principal Prepayments) received by it amounts attributable to a Due Date on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):Date: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing FeeFee and any Prepayment Interest Excess) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries Property) and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01)all Subsequent Recoveries; (iv) any amounts required to be deposited by the Servicer pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed Loans or amounts required to be deposited by the date Servicer in connection with a breach of substitutionits obligations under Section 2.05. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period)funds reimbursable to an Advance Financing Person pursuant to Section 3.25. If the balance on deposit in the Collection Account exceeds $100,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09 and shall pay such amounts to the Certificateholders Persons entitled thereto. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer Securities Administrator on or after the Servicer Remittance Date (without regard to any grace period)first Business Day following the Business Day on which such payment was due, the Securities Administrator shall send written notice thereof to the Servicer. The Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including payment by the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Prime Rate (as defined in The Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the day such payment was due and ending with the Business Day on which such payment is made, both inclusive. The payment by the Servicer of any such interest, or the failure of the Securities Administrator to notify the Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Administrator and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the Servicer in accordance with the immediately preceding sentence. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-He3)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a “the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related clearing account in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis, and in no event more than one Business Day after the Servicer's receipt thereof, and shall thereafter deposit in the Collection Account (which account must be an Eligible Account) within , in no event more than two (2) Business Days following receipt by after the Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due on or before the related Cut-off Date, ) or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal PrepaymentsPrepayments (but not Prepayment Charges), on the Mortgage Loans; (ii) all payments on account of interest (net of the Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds and condemnation proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)10.01; (vii) all amounts required to be deposited in connection with Substitution Shortfall AmountsAdjustments pursuant to Section 2.03; and (viii) all Prepayment Premiums Charges collected by the Servicer. For purposes Servicer and any Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees, late payment charges, non sufficient funds assumption fees, reconveyance fees, assumption fees insufficient funds charges and other similar fees and charges ancillary income (other than Prepayment PremiumsCharges) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the "Distribution Account"), held in trust for the benefit of the Trust Fund Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before 4:00 1:00 p.m. New York time (i) on the Servicer Remittance Date, that portion of the Available Funds (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, the amount of all Prepayment Premiums on Charges collected during the Mortgage Loans collected applicable Prepayment Period by the Servicer and Servicer Prepayment Charge Payment Amounts in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account Account, the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29 (other than any unless such Prepayment Premiums received after amounts are to be remitted in another manner as specified in the documentation establishing the related Prepayment Period). Advance Facility) and (ii) on each Business Day as of the commencement of which the balance on deposit in the Collection Account exceeds $75,000 following any withdrawals pursuant to the next succeeding sentence, the amount of such excess, but only if the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account." If the balance on deposit in the Collection Account exceeds $75,000 as of the commencement of business on any Business Day and the Collection Account does not qualify as an Eligible Account pursuant to clauses (i), (iii) or (iv) of the definition of "Eligible Account," the Servicer fails to remit shall, on or before 1:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Securities Administrator for distribution Servicer, the Advancing Person, the Trustee or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give written notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer Servicer, with respect to items (i) through (iv) below, shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee, with respect to items (i) through (iv) below, shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.034.04; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and10.01; (iv) any related amounts required Compensating Interest to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfall; and (v) any amounts required to be paid to the Trustee pursuant to the Agreement, including, but not limited to Section 3.06 and Section 7.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp Asset Back Cert Ser 2003-1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, one or more accounts (each such account or accounts, a the “Collection Account”), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within , in no event more than two (2) Business Days following receipt by after the Servicer’s receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it subsequent to the related Cut-off Date (other than in respect of principal or interest on the related Mortgage Loans due on or before the related Cut-off Date), or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds Proceeds, Subsequent Recoveries and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01); (iv) any amounts required to be deposited pursuant to Section 3.12 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03, Section 3.16(c) 3.16 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii)9.01; (vii) all Substitution Shortfall Amountsamounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viii) all Prepayment Premiums Charges collected by the Servicer. For purposes Servicer in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds modification or assumption fees, reconveyance fees, assumption fees and other similar fees and prepayment interest excess or insufficient funds charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator Trustee shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator Trustee in immediately available funds for deposit in the Distribution Account on or before by 4:00 p.m. New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than and the amount of any such Prepayment Premiums received after the related Prepayment Period). If the Servicer fails funds reimbursable to remit an Advancing Person pursuant to the Securities Administrator for distribution to the Certificateholders any payment, including any P&I Advance to be made by the Servicer on the Servicer Remittance Date (without regard to any grace period), the Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, interest on such late remittance from and including the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to the Federal Funds Rate plus one percentage point (but in no event greater than the maximum permitted by law)Section 3.26. (c) Funds in the Collection Account and the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer and the Depositor Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator Trustee shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account at any time may be delivered by the Servicer to the Securities Administrator Trustee for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such the Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request in writing that the Securities Administrator Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In addition, the Servicer shall deliver to the Securities Administrator Trustee from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Datedeposit, and the Securities Administrator Trustee shall so deposit, in the Distribution Account: (i) any P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 in connection with any Compensating InterestPrepayment Interest Shortfall. (e) [Reserved]. (f) The Servicer shall deposit in the Collection Account, any amounts required to be deposited pursuant to Section 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust, Series 2005-C)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Servicer shall establish and maintain, or cause to be established and maintained, maintain one or more accounts (each such account or accounts, a “Collection Account”)Accounts, held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deposit or cause to be deposited in the related Collection Account (which account must be an Eligible Account) within on a daily basis and in no event later than two (2) Business Days following receipt by the Servicerafter receipt, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the related Cut-off Date (other than in respect of principal or interest on the Mortgage Loans due amounts attributable to a Due Date on or before prior to the related Cut-off Date, Date or payments (other than Principal Prepayments) received by it on or prior to the related Cut-off Date Date, but allocable to a Due Period subsequent thereto):: (i) all payments on account of principal, including Principal PrepaymentsPrepayments (but not Prepayment Charges), on the Mortgage Loans; (ii) all payments on account of interest (net of the related Servicing FeeFee and any Prepayment Interest Excess) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property (unless the Servicer has elected to allow the Collection Account to serve as an REO Account pursuant to Section 3.23(b)), Recoveries Property) and amounts paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.01)all Subsequent Recoveries; (iv) any amounts required to be deposited by the Servicer pursuant to Section 3.12 3.10 in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (v) any amounts required to be deposited by the Servicer pursuant to the second paragraph of Section 3.14(a3.11(a) in respect of any blanket policy deductibles; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of any amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loan repurchased or Loans purchased in accordance with Section 2.03, Section 3.16(c) 3.13 or Section 9.01 and all Servicer Prepayment Premium Payment Amounts pursuant to Section 2.03(b)(ii);10.01; and (vii) all Substitution Shortfall Amounts; and (viii) all any Prepayment Premiums Charges collected by the Servicer. For purposes Servicer and the Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the immediately preceding sentence, the Cut-off Date with respect to any Qualified Substitute Mortgage Loan shall be deemed to be the date of substitutionLoans. The foregoing requirements for deposit in the Collection Accounts Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, non sufficient funds fees, reconveyance fees, assumption fees and or other similar fees and charges (other than Prepayment Premiums) need not be deposited by the Servicer in the Collection Account and shall, upon collection, belong to may be retained by the Servicer as additional compensation for its servicing activitiescompensation. In the event the Servicer shall deposit in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Collection Account, any provision herein to the contrary notwithstanding. (b) On behalf of the Trust Fund, the Securities Administrator shall establish and maintain one or more accounts (such account or accounts, the “Distribution Account”), held in trust for the benefit of the Trustee, the Trust Fund and the Certificateholders. On behalf of the Trust Fund, the Servicer shall deliver to the Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 4:00 p.m. 12:00 noon New York time on the Servicer Remittance Date, that portion of the Available Funds Distribution Amount (calculated without regard to the references in clause (2) of the definition thereof to amounts that may be withdrawn from the Distribution Account) for the related Distribution Date then on deposit in the Collection Account, Account and the amount of all Prepayment Premiums on the Mortgage Loans Charges collected by the Servicer in connection with the voluntary Principal Prepayment in full or in part of any of the Mortgage Loans and any Servicer Prepayment Premium Payment Amounts then on deposit in the Collection Account (other than any such Prepayment Premiums received after the related Prepayment Period)Account. If the balance on deposit in the Collection Account exceeds $100,000 as of the commencement of business on any Business Day and the Collection Account constitutes an Eligible Account solely pursuant to clause (ii) of the definition of “Eligible Account,” the Servicer fails shall, on or before 5:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to remit to the Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator for distribution or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Certificateholders Persons entitled thereto. With respect to any payment, including any P&I Advance to be made remittance received by the Servicer Securities Administrator on or after the Servicer Remittance Date (without regard to any grace period)first Business Day following the Business Day on which such payment was due, the Securities Administrator shall send written notice thereof to the Servicer. The Servicer shall pay to the Securities Administrator, for the account of the Securities Administrator, Administrator interest on any such late remittance from and including payment by the Servicer Remittance Date to but excluding the date on which such remittance is made, at an annual rate equal to Prime Rate (as defined in the Federal Funds Rate Wall Street Journal) plus one percentage point (point, but in no event greater than the maximum amount permitted by applicable law). Such interest shall be paid by the Servicer to the Securities Administrator on the date such late payment is made and shall cover the period commencing with the day following such first Business Day and ending with the Business Day on which such payment is made, both inclusive. The payment by the Servicer of any such interest, or the failure of the Securities Administrator to notify the Servicer of such interest, shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer. (c) Funds in the Collection Account maintained by the Servicer and funds in the Distribution Account may be invested by the Servicer in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Servicer shall give notice to the Trustee, the Securities Administrator, NIMS Insurer Administrator and the Depositor Master Servicer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Securities Administrator shall give notice to the Servicer, NIMS Insurer, the Trustee Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. The funds on deposit in the Distribution Account shall be held uninvested. (d) Funds held in a the Collection Account maintained by the Servicer at any time may be delivered by the Servicer in immediately available funds to the Securities Administrator for deposit in an account (which may be the Distribution Account and must satisfy the standards for the Distribution Account as set forth in the definition thereof) and for all purposes of this Agreement shall be deemed to be a part of such Collection Account until the Servicer Remittance Date when such amounts are required to be deposited into the Distribution Account; provided, however, that the Securities Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event that the Servicer shall deliver to the Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Securities Administrator withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to the contrary notwithstanding. In no event shall the Securities Administrator incur liability as a result of withdrawals from the Distribution Account at the direction of the Servicer in accordance with the immediately preceding sentence. In addition, the Servicer shall deliver to the Securities Administrator from time to time for deposit and in any event shall remit all such amounts no later than the Servicer Remittance Date, and Date the Securities Administrator shall so deposit, amounts set forth in the Distribution Accountclauses (i) through (iv) below: (i) any P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.23(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Servicer in connection with a purchase of the Mortgage Loans and REO Properties pursuant to Section 9.0110.01; and (iv) any related amounts required to be deposited pursuant to Section 3.24 3.22 in connection with any Compensating InterestPrepayment Interest Shortfalls.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SG Mortgage Securities Trust 2006-Opt2)

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