Common use of Collection Account and Distribution Account Clause in Contracts

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account or accounts (such account or accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable): (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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a) in respect of any blanket policy deductibles; and (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master Servicer; 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account (such account, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 p.m. New York time on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount for the related Distribution Date then on deposit in the Collection Account. (c) Funds in the Collection Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit the amounts set forth in clauses (i) through (v) below: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 in connection with any Prepayment 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)

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Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account on a daily basis and Account, in no event later more than two Business Days after receiptthe Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the Mortgage Loans due on or before the Cut-off Date Date) or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicable):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 related Master 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(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 10.01; (vii) all amounts required to be deposited in connection with Substitution Adjustments pursuant to Section 2.03; and (viviii) all Prepayment Charges collected by the Servicer and any Purchase Price or Substitution Shortfall Amount delivered to Servicer Prepayment Charge Payment Amounts in connection with the Master Servicer; Principal Prepayment of any of the Mortgage Loans. 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, prepayment assumption fees, insufficient funds charges that are not prepayment penalties, assumption fees or and ancillary income (other similar fees than Prepayment Charges) need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 1:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount Available Funds (calculated without regard to the references in 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 Charges collected during the applicable Prepayment Period by the Servicer and Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account, the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29 (unless such amounts are to be remitted in another manner as specified in the documentation establishing the related Advance Facility) and the amount required to be remitted to the Trustee in respect of Dividend Mortgage Loans pursuant to Section 3.30(c). If, by 1:00 p.m. New York time, on the Servicer Remittance Date, the Servicer fails to remit to the Trustee for deposit into the Distribution Account any amounts required to be so remitted by the Servicer pursuant to this Agreement, the Servicer shall pay to the Trustee, for its own account, interest on such amounts at the prime rate for such date (as set forth in the WALL STREET JOURNAL) until such failure is remedied. 70 (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Servicer, with respect to items (i) through (iv) below, shall deliver to the Trustee from time to time for deposit deposit, and the amounts set forth in clauses Trustee, with respect to items (i) through (viv) below, shall so deposit, in the Distribution Account: (i) any Monthly Advances, as required pursuant to Section 4.034.04; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required Compensating Interest to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; 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 paid to the Trustee pursuant to the Agreement, including, but not limited to Section 3.12 in connection with losses realized on Permitted Investments with respect to funds held in the Distribution Account3.06 and Section 7.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Cert Ser 2003 Ffh1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later 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 Business Days after receiptthe Master Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):), or payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-Off Date, as applicable, 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 9.01; (vii) all amounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viviii) any Purchase Price or Substitution Shortfall Amount delivered to all Prepayment Charges collected by the Master Servicer; Servicer in connection with the Principal Prepayment of any of the Mortgage Loans. 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, prepayment modification or assumption fees, or insufficient funds charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 p.m. New York __________________ time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Master Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account, and (ii) on each Business Day as of the commencement of which the balance on deposit in the Collection Account exceeds $____________ 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 $_________ 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 Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; 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 . (f) The Master Servicer shall deposit in the Collection Account or Distribution Account Account, as the case may be, any amounts required to be deposited pursuant to Section 3.12 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 Mortgage Securities Inc)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later 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 Business Days after receiptthe Master Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date), or Subsequent Cut-Off Date, as applicable, payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-Off Date, as applicable):applicable 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 9.01; (vii) all amounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viviii) any Purchase Price or Substitution Shortfall Amount delivered to all Prepayment Charges collected by the Master Servicer; Servicer in connection with the Principal Prepayment of any of the Mortgage Loans. 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, prepayment modification or assumption fees, or insufficient funds charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Master Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Originator, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; 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 . (f) The Master Servicer shall deposit in the Collection Account or Distribution Account Account, as the case may be, any amounts required to be deposited pursuant to Section 3.12 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 (Asset Backed Floating Rate Certificates Series 1998-Nc2)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later more than two one Business Days Day after receiptthe Servicer's receipt therof, as and when received or as otherwise required hereundershall thereafter deposit in the Collection Account, in no event more than one Business Day after the deposit of such payments into such clearing account, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master 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 prepayment or late payment charges, prepayment charges that are not prepayment penalties, or assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Available Distribution Amount for the related Distribution Date then on deposit in the Collection Account, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Servicer, the Trustee, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee and the Trustee Certificate Insurer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer Servicer, the Depositor and the Depositor Certificate Insurer of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit the amounts set forth in clauses (i) through (v) below, and the Trustee shall deposit such amounts in the Distribution Account: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 (Prudential Securities Secured Financing Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account clearing account (which account must be an Eligible Account) in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis basis, and in no event later 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 Business Days after receiptthe 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 on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or the related Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):the case may be) or payments (other than Principal Prepayments) received by it on or prior to the 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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;; 62 (v) any amounts required to be deposited by the Master Servicer pursuant to the second paragraph of Section 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 9.01; (vii) all amounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; (viii) all Prepayment Charges collected by the Master Servicer, all Prepayment Charges payable by the Master Servicer pursuant to Section 2.03(b)(ii)(A) and all Master Servicer Prepayment Charge Payment Amounts payable by the Master Servicer pursuant to Section 2.03(b)(ii)(B), subject to Section 2.03(b)(iii); and (viix) any Purchase Price or Substitution Shortfall Amount delivered to without duplication, all payments of claims received by the Master Servicer; Servicer under the PMI Policy. 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, prepayment charges that are not prepayment penaltiesNSF fees, reconveyance fees or assumption fees or and other similar fees and charges need not be deposited by the Master Servicer in the Collection AccountAccount and shall, upon collection, belong to the Master 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. (b) On behalf of the Trust Fund, the Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, (A) that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and (B) the sum of all Prepayment Charges collected by the Master Servicer, all Prepayment Charges payable by the Master Servicer pursuant to Section 2.03(b)(ii)(A) and all Master Servicer Prepayment Charge Payment Amounts payable by the Master Servicer pursuant to Section 2.03(b)(ii)(B), subject to Section 2.03(b)(iii) (in each case to the extent not related to Principal Prepayments occurring after the related Prepayment Period) 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee, the NIMs Insurer and the Trustee Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer Servicer, the NIMs Insurer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest Shortfalls; and; (v) any Stayed Funds, as soon as permitted by the federal bankruptcy court having jurisdiction in such matters; and (vi) any amounts required to be paid by the Master Servicer pursuant to Section 3.12(b) in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account. (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 Trustee shall deposit in the Distribution Account any amounts required to be deposited pursuant to Section 3.12 3.12(c) 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 (Ameriquest Mort Sec Inc Float Rate Mort Pa Th Cer Ser 2001-1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or accounts (such account or accounts, the "more Collection Account")Accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans amounts attributable to a Due Date on or before prior to the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01Property); (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 Master Servicer pursuant to the second paragraph of Section 3.13(a3.11(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loans purchased in accordance with Section 2.03, Section 3.13 or Section 10.01; and (vii) any Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans or amounts required to be deposited by the Servicer in connection with a breach of its 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Servicer as additional compensation. 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 Trustee Securities Administrator shall establish and maintain one account or more accounts (such accountaccount 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 Master Servicer shall deliver to the Trustee Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 12:00 p.m. noon New York time on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account and the amount of any 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 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 Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Persons entitled thereto. With respect to any remittance received by the Securities Administrator on or after the 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 interest on any such late payment at an annual rate equal to Prime Rate (as defined in the Wall Street Journal) plus one percentage 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 in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Master Servicer shall give notice to the Trustee, the Securities Administrator and the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee Securities Administrator shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee Securities Administrator for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee 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 Master Servicer shall deliver to the Trustee from time to time for deposit Securities Administrator no later than the Servicer Remittance Date the amounts set forth in clauses (i) through (viv) below: (i) any Monthly P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01;; and (iv) any amounts required to be deposited pursuant to Section 3.23 3.22 in connection with any Prepayment 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 (Home Equity Loan Trust Series 2004-Hs1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later 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 Business Days after receiptthe Master Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):), or payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-off Date, as applicable, 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 9.01; (vii) all amounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viviii) any Purchase Price or Substitution Shortfall Amount delivered to all Prepayment Charges collected by the Master Servicer; Servicer in connection with the Principal Prepayment of any of the Mortgage Loans. 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, prepayment modification or assumption fees, or insufficient funds charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation. 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 Trustee Trust Administrator, as agent for the Trustee, shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee Trust Administrator in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Master Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Trust Administrator, the Originator, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee and the Trustee Trust Administrator of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee Trust Administrator shall give notice to the Master Servicer Servicer, the Depositor and the Depositor Trustee of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the Trustee 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 the Collection Account; provided, however, that the Trustee and the Trust Administrator shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee Trust Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee Trust 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 Master Servicer shall deliver to the Trustee Trust Administrator from time to time for deposit deposit, and the amounts set forth Trust Administrator shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; 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 Trust Administrator 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 . (f) The Master Servicer shall deposit in the Collection Account or Distribution Account Account, as the case may be, any amounts required to be deposited pursuant to Section 3.12 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 (Salomon Brothers Mort Sec Vii Inc Fl Rte Cert Se 1999-Nc4)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later 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 Business Days after receiptthe Master Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans Date, as applicable, (other than payments in respect of principal and or interest due on the Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):) or payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-off Date, as applicable, 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 Master Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds Proceeds, Liquidation Proceeds, Subsequent Recoveries and Liquidation Proceeds condemnation proceeds (other than proceeds collected in respect of any particular REO Property and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 10.01; (vii) all amounts required to be deposited in connection with Substitution Adjustments pursuant to Section 2.03; (viii) all Prepayment Charges collected by the Master Servicer and any Master Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans; and (viix) any Purchase Price or Substitution Shortfall Amount delivered to without duplication, all payments of claims under the Master Servicer; PMI Policy. 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, prepayment assumption fees, insufficient funds charges that are not prepayment penalties, assumption fees or and ancillary income (other similar fees than Prepayment Charges) need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 1:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount Available Funds (calculated without regard to the references in 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. (c) Funds , the amount of all Prepayment Charges collected during the applicable Prepayment Period by the Master Servicer and Master Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29, and (ii) on each Business Day as of the location commencement of which the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held balance on deposit in the Collection Account at exceeds $75,000 following any time may be delivered by 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer to shall, on or before 1:00 p.m. New York time on such Business Day, withdraw from the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Collection Account any amount not required and all amounts payable or reimbursable to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit the amounts set forth in clauses (i) through (v) below: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 in connection with any Prepayment 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 sourcethe Trustee, the Trustee shall deposit such funds in the Distribution Account, subject to withdrawal thereof Originator or any Sub-Servicer pursuant to Section 7.02(b) or as otherwise permitted hereunder. In addition, 3.11 and shall pay such amounts to 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 AccountPersons entitled thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2005-1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, the "Collection Account"), held in trust for the benefit of the Trustee Trustee, the Trust and the Certificateholders. The Collection Account shall be an Eligible Account. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the Collection Account on a daily basis and in no event later than two Business Days three calendar days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master Servicer and all proceeds (net of amounts payable or reimbursable to the Servicer) of Mortgage Loans purchased in accordance with Section 9.01; and (vii) any Prepayment Charges or amounts required to be deposited by the Servicer in connection with a breach of its obligations under Section 3.01 with respect to the waiver of Prepayment 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 FundTrust, the Trustee Trust Administrator, as agent for the Trustee, shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust and the Certificateholders. On behalf of the Trust FundTrust, the Master Servicer shall deliver to the Trustee Trust Administrator in immediately available funds for deposit in the Distribution Account on or before 12:00 5:00 p.m. New York time on the Master Servicer Remittance Date, (a) from amounts on deposit in the Collection Account, an amount up to the Cap Premium, (b) that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and (c) the amount of all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans (including the amount of any payment by the Servicer in respect of a waived Prepayment Charge, other than as permitted in Section 3.01) then on deposit in the Collection Account. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee and the Trustee Trust Administrator of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee Trust Administrator shall give notice to the Master Servicer Servicer, the Trustee and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee Trust Administrator for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee Trust Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee 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 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 Master Servicer shall deliver to the Trustee Trust Administrator from time to time for deposit in the Distribution Account the amounts set forth in clauses (i) through (v) below: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 Trust Administrator shall notify the Servicer of such receipt and 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 deliver to the Trust Administrator for 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 Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or accounts (such account or accounts, the "more Collection Account")Accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans amounts attributable to a Due Date on or before prior to the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01Property); (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 Master Servicer pursuant to the second paragraph of Section 3.13(a3.11(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loans purchased in accordance with Section 2.03 or Section 3.13; and (vii) any Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans or amounts required to be deposited by the Servicer in connection with a breach of its 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Servicer as additional compensation. 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 Trustee Securities Administrator shall establish and maintain one account or more accounts (such accountaccount 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 Master Servicer shall deliver to the Trustee Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 12:00 p.m. noon New York time on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account and the amount of any 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 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 Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Persons entitled thereto. With respect to any remittance received by the Securities Administrator on or after the 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 Servicer shall pay to the Securities Administrator interest on any such late payment at an annual rate equal to Prime Rate (as defined in the Wall Street Journal) plus one percentage 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 in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Master Servicer shall give notice to the Trustee, the Securities Administrator and the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee Securities Administrator shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee Securities Administrator for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee 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 Master Servicer shall deliver to the Trustee from time to time for deposit Securities Administrator no later than the Servicer Remittance Date the amounts set forth in clauses (i) through (viv) below: (i) any Monthly P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01;; and (iv) any amounts required to be deposited pursuant to Section 3.23 3.22 in connection with any Prepayment 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 (Ace Sec Corp Hom Eq Ln Tr Ser 2003-Op1)

Collection Account and Distribution Account. (a) On behalf The Master Servicer shall deposit all of the Trust Fundamounts listed below on a daily basis, and in no event more than one Business Day after the Master Servicer's receipt thereof, to the clearing account in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities. The Master Servicer shall establish and maintain an account one or more accounts (such account or accountscollectively, the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the The Master Servicer shall deposit or cause to be deposited in the Collection Account on a daily basis and in no event later than within two Business Days after of 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the Mortgage Loans due on or before the Cut-off Date Date), or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicable):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 sum of the related Master Servicing Fee and the related Trustee's Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect amounts held for restoration or repair of any particular REO a related Mortgaged Property and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and; (vi) any amounts required to be deposited by the Master Servicer pursuant to Section 3.23(c) in connection with any REO Property; and (vii) any amounts required to be deposited by the Master Servicer pursuant to Section 3.16(c) or the Purchase Price or Substitution Shortfall Amount delivered to received by the Master Servicer; Servicer with respect to a Mortgage Loan 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 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, prepayment charges that are not prepayment penalties, penalty interest or assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 The Trustee shall establish and maintain one account or more accounts (such accountcollectively, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the The Master Servicer shall deliver or cause to be delivered to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 two o'clock p.m. New York City time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance Amount (calculated without regard to the references in clause (2)(iv) of the definition thereof to amounts that may be withdrawn from the Distribution Account to the extent payable to the Trustee) for the related Distribution Date then on deposit in the Collection Account, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account", the Master Servicer shall, on or before two o'clock p.m. New York City time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered or caused to be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d) or (f3.23(f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01;9.01; and (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 (Salomon Brothers Mor Sec Vii Inc Mor Pa THR Cer Ser 1995 2)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, the "Collection Account"), held in trust for the benefit of the Trustee Trustee, the Certificate Insurer and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (i) all payments on account of principal, including Principal Prepayments, Prepayments and prepayment penalties 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master Servicer; . 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 5:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance Amount (calculated without regard to the references in clause (ii) 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, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer 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 Depositor, the Master Servicer, the Trustee or the Mortgage Loan Originator pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit in the Distribution Account the amounts set forth in clauses (i) through (v) below: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after receiptbasis, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Cutoff Date), or payments (other than Principal Prepayments) received by it on or prior to the Cutoff Date or Subsequent Cut-Off Date, as applicable):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 and amounts paid by the Master Servicer or the Certificate Insurer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 paragraph of Section 3.13(a3.14(a) in respect of any blanket policy deductibles; and (vi) . For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Purchase Price or Substitution Shortfall Amount delivered Qualified Substitute Mortgage Loan shall be deemed to be the Master Servicer; 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 prepayment or late payment charges, prepayment charges that are not prepayment penalties, or assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account", the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Originator, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee and the Trustee Certificate Insurer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer Servicer, the Depositor and the Depositor Certificate Insurer of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Master Servicer or the Certificate Insurer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 (Salomon Brothers Mort Sec Vii Asset Backed Cert 1996-Lb2)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account clearing account (which account must be an Eligible Account) in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis basis, and in no event later 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 Business Days after receiptthe 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 on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or the related Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):the case may be) or payments (other than Principal Prepayments) received by it on or prior to the 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 9.01; (vii) all amounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; (viii) all Prepayment Charges collected by the Master Servicer, all Prepayment Charges payable by the Master Servicer pursuant to Section 2.03(b)(ii)(A) and all Master Servicer Prepayment Charge Payment Amounts payable by the Master Servicer pursuant to Section 2.03(b)(ii)(B), subject to Section 2.03(b)(iii); and (viix) [reserved]. For purposes of the immediately preceding sentence, the Cut-off Date with respect to any Purchase Price or Substitution Shortfall Amount delivered Qualified Substitute Mortgage Loan shall be deemed to be the Master Servicer; 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, prepayment charges that are not prepayment penaltiesNSF fees, reconveyance fees or assumption fees or and other similar fees and charges need not be deposited by the Master Servicer in the Collection AccountAccount and shall, upon collection, belong to the Master 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. (b) On behalf of the Trust Fund, the Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, (A) that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and (B) the sum of all Prepayment Charges collected by the Master Servicer, all Prepayment Charges payable by the Master Servicer pursuant to Section 2.03(b)(ii)(A) and all Master Servicer Prepayment Charge Payment Amounts payable by the Master Servicer pursuant to Section 2.03(b)(ii)(B), subject to Section 2.03(b)(ii) (in each case, to the extent not related to Principal Prepayments occurring after the related Prepayment Period) 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee, the NIMs Insurer and the Trustee Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer Servicer, the NIMs Insurer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest Shortfalls; and; (v) any Stayed Funds, as soon as permitted by the federal bankruptcy court having jurisdiction in such matters; and (vi) any amounts required to be paid by the Master Servicer pursuant to Section 3.12(b) in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account. (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 Trustee shall deposit in the Distribution Account any amounts required to be deposited pursuant to Section 3.12 3.12(c) 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 (Ameriquest Mort Sec Inc Flo Rate Mort Pas THR Cert Ser 01 3)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later 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 Business Days after receiptthe Master Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans Date, as applicable, (other than payments in respect of principal and or interest due on the Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):) or payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-off Date, as applicable, 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 Master Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds Proceeds, Liquidation Proceeds, Subsequent Recoveries and Liquidation Proceeds condemnation proceeds (other than proceeds collected in respect of any particular REO Property and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 10.01; (vii) all amounts required to be deposited in connection with Substitution Adjustments pursuant to Section 2.03; and (viviii) any Purchase Price or Substitution Shortfall Amount delivered to all Prepayment Charges collected by the Master Servicer; Servicer and any Master Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans. 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, prepayment assumption fees, insufficient funds charges that are not prepayment penalties, assumption fees or and ancillary income (other similar fees than Prepayment Charges) need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 1:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount Available Funds (calculated without regard to the references in 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 Charges collected during the applicable Prepayment Period by the Master Servicer and Master Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account and the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer 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 Master Servicer, the Trustee, the Originator or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer NIMS Insurer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the NIMS Insurer, the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Servicer, with respect to items (i) through (iv) below, shall deliver to the Trustee from time to time for deposit deposit, and the amounts set forth in clauses Trustee, with respect to items (i) through (viv) below, shall so deposit, in the Distribution Account: (i) any Monthly Advances, as required pursuant to Section 4.034.04; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required Compensating Interest to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; and (v) any Stayed Fundsamounts required to be paid to the Trustee pursuant to the Agreement, as soon as permitted by the federal bankruptcy court having jurisdiction in such mattersincluding, but not limited to Section 3.06 and Section 7.02. (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[Reserved]. (f) or as otherwise permitted hereunder. In addition, the The Master Servicer shall deposit in the Distribution Collection Account any amounts required to be deposited pursuant to Section 3.12 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Distribution Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2004-3)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more segregated accounts (such account or accounts, the "Collection Account"), held in trust for the benefit of the Trustee and the CertificateholdersCertificateholders and the Class I-A4 Insurer. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the Collection Account clearing account (which account must be an Eligible Account) in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis basis, and in no event later 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 Business Days after receiptthe 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 on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicableoff 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 FeeFee and the related 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01)9.01) and all Gross Subsequent Recoveries; (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 3.13(a3.14(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 Master Servicer Prepayment Charge Payment Amounts required to be deposited in the Collection Account pursuant to Section 2.03; (vii) all Substitution Adjustments; (viii) all Prepayment Charges collected by the Master Servicer; and (viix) any Purchase Price or Substitution Shortfall Amount delivered to without duplication, all payments of claims received by the Master Servicer; Servicer under the PMI Policy, if any. 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, any Prepayment Interest Excess and payments in the nature of late payment charges, prepayment charges that are not prepayment penaltiesNSF fees, reconveyance fees, assumption fees or and other similar fees and charges (other than Prepayment Charges) need not be deposited by the Master Servicer in the Collection AccountAccount and shall, upon collection, belong to the Master 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. (b) On behalf of the Trust Fund, the Trustee shall establish and maintain one account or more segregated accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the CertificateholdersTrustee, the Certificateholders and the Class I-A4 Insurer. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit on the same day in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount Available Funds (calculated without regard to the references in 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 Charges on the Prepayment Charge Schedule collected by the Master Servicer in connection with any of the Mortgage Loans and any Master Servicer Prepayment Charge Payment Amounts then on deposit in the Collection Account and the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.27 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of “Eligible Account,” the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. In order to comply with its duties under the U.S.A. Patriot Act, the Trustee shall obtain and verify certain information and documentation from the parties hereto, including, but not limited to, each party’s name, address, and other identifying information. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee, the Class I-A4 Insurer, the NIMS Insurer, the Depositor and the Trustee Rating Agencies of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer Servicer, the Class I-A4 Insurer, the NIMS Insurer, the Depositor and the Depositor Rating Agencies of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee withdraw withdraw, and the Trustee shall withdraw, such amount from the Distribution Account and remit to it the Master Servicer any such amount, any provision herein to the contrary notwithstanding. In addition, the Master Servicer shall deliver to the Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly Advances, as required pursuant to Section 4.034.04, unless delivered directly to the Trustee by an Advancing Person; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 (Long Beach Mortgage Loan Trust 2005-Wl3)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more trust accounts (such account or accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after receiptimmediately available funds, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date Date), or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicable):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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 10.01; and (vivii) any Purchase Price or Substitution Shortfall Amount delivered all amounts required to the Master Servicer; be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans 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 prepayment or late payment charges, prepayment charges that are not prepayment penalties, or assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation as provided in Section 3.18. 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 Trustee shall establish and maintain one account or more trust accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 5:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Sub-Pool Available Distribution Amount and Principal Remittance Amount for each Sub-Pool (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, 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"; provided, however, that the Master Servicer in accordance with Section 3.12(b) shall be entitled to any income or gain realized from the investment of such funds so delivered to the Trustee for deposit in the Distribution Account pursuant to clause (ii) above for the period commencing on the date of such delivery and ending on the Master Servicer Remittance Date. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request in writing certified by a Servicing Officer that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly Payment Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 (Salomon Bros Mort Sec Vii Inc Mort Pa THR Cert Ser 1998-Wfc1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the The Master Servicer shall establish and maintain an account or accounts (such account or accountsthe Collection Account in the Trustee's name, the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the The Collection Account shall be established and maintained as an Eligible Account. The Master Servicer shall deposit or cause to be deposited in the Collection Account on a daily basis and in no event later than two within one Business Days after receipt, as and when received or as otherwise required hereunder, Day following receipt the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (i) all payments on account of principalprincipal on the Mortgage Loans, including Principal Prepayments, the principal component of Unscheduled Payments on the Mortgage Loans; (ii) all payments on account of interest (net and Default Interest on the Mortgage Loans and the interest portion of all Unscheduled Payments and all Prepayment Premiums as well as all payments on account of late payment charges on the related Master Servicing Fee) on each Mortgage LoanLoans; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (iv) any amounts required to be deposited pursuant to Section 3.12 Sec- tion 3.7(b) in connection with any losses realized on Permitted Investments with respect to funds held in the Collection AccountAccount and pursuant to Section 3.25 in connection with Prepayment Interest Shortfalls; (iv) (x) all Net REO Proceeds transferred from an REO Account pursuant to Section 3.17(b) and (y) all, Insurance Proceeds and Net Liquidation Proceeds not required to be applied to the restoration or repair of the related Mortgaged Property; (v) any amounts required to be deposited by the Master Servicer received from Borrowers which represent recov- eries of Servicing Advances made pursuant to the second paragraph of Section 3.13(a) in respect of any blanket policy deductibles3.4; and (vi) any Purchase Price or Substitution Shortfall Amount delivered other amounts required by the provisions of this Agree- ment to the Master Servicer; The foregoing requirements for deposit in be deposited into 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited Account by the Master Servicer in or the Collection AccountSpecial Servicer, including, without limitation, proceeds of any purchase or repurchase of a Mortgage Loan pursuant to Section 2.3, Section 3.18 or Section 9.1. In the event that the Master Servicer shall deposit deposits in the Collection Account any amount not required to be deposited therein, it the Master Servicer 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 The Trustee shall establish and maintain one account (such accountthe Distribution Account in the name of the Trustee, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the The Distribution Account on or before 12:00 p.m. New York time on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount shall be established and Principal Remittance Amount for the related Distribution Date then on deposit in the Collection maintained as an Eligible Account. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in of Section 3.123.7. The Master Servicer shall give written notice to the Master Servicer and the Trustee of the location and account number of the Collection Account maintained by it when established and shall notify the Trustee in writing prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any subsequent change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit the amounts set forth in clauses (i) through (v) below: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 in connection with any Prepayment 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 (Commercial Mortgage Acceptance Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account on a daily basis and Account, in no event later more than two Business Days after receiptthe Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the Mortgage Loans due on or before the Cut-off Date Date) or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicable):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 related Master 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(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 10.01; (vii) all amounts required to be deposited in connection with Substitution Adjustments pursuant to Section 2.03; and (viviii) all Prepayment Charges collected by the Servicer and any Purchase Price or Substitution Shortfall Amount delivered to Servicer Prepayment Charge Payment Amounts in connection with the Master Servicer; Principal Prepayment of any of the Mortgage Loans. 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, prepayment assumption fees, insufficient funds charges that are not prepayment penalties, assumption fees or and ancillary income (other similar fees than Prepayment Charges) need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 1:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount Available Funds (calculated without regard to the references in 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 Charges collected during the applicable Prepayment Period by the Servicer and Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account, the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29 (unless such amounts are to be remitted in another manner as specified in the documentation establishing the related Advance Facility) and the amount required to be remitted to the Trustee in respect of Dividend Mortgage Loans pursuant to Section 3.30(c). If, by 1:00 p.m. New York time, on the Servicer Remittance Date, the Servicer fails to remit to the Trustee for deposit into the Distribution Account any amounts required to be so remitted by the Servicer pursuant to this Agreement, the Servicer shall pay to the Trustee, for its own account, interest on such amounts at the prime rate for such date (as set forth in the WALL STREET JOURNAL) until such failure is remedied. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to an account (which may be deposited therein, it may at any time request that the Trustee withdraw such amount from the Distribution Account and remit to it any such amount, any provision herein to must satisfy the contrary notwithstanding. In addition, standards for the Master Servicer shall deliver to the Trustee from time to time for deposit the amounts Distribution Account as set forth in clauses (ithe definition thereof) through (v) below: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required and for all purposes of this Agreement shall be deemed to be deposited pursuant to Section 3.22(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by a part of the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 in connection with any Prepayment Interest ShortfallsCollection Account; and (v) any Stayed Fundsprovided, as soon as permitted by the federal bankruptcy court having jurisdiction in such matters. (e) Promptly upon receipt of any Stayed Fundshowever, whether from the Master Servicer, a trustee in bankruptcy, or federal bankruptcy court or other source, that the Trustee shall deposit such have the sole authority to withdraw any funds in the Distribution Account, subject to withdrawal thereof held 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.this

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2003-Ff2)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account on a daily basis and Account, in no event later more than two Business Days after receiptthe Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-Cut- off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date Date), or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicable):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 Proceeds, Subsequent Recoveries and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(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 or Section 9.01; (vii) all amounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viviii) all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any Purchase Price or Substitution Shortfall Amount delivered to of the Master Servicer; Mortgage Loans. 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, prepayment modification or assumption fees, or insufficient funds charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the CertificateholdersTrustee, the Trust Fund, the Certificateholders and the Certificate Insurer. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 by 3:00 p.m. New York time on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 AccountAccount and the amount of all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account and the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.26. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee, the Guarantor and the Trustee Certificate Insurer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer Servicer, the Depositor, the Guarantor and the Depositor Certificate Insurer of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the 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 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01;9.01; and (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest Shortfalls; and (v) any Stayed Funds, as soon as permitted by the federal bankruptcy court having jurisdiction in such mattersShortfall. (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[Reserved]. (f) or as otherwise permitted hereunder. In addition, the Master The Servicer shall deposit in the Collection Account or Distribution Account Account, as the case may be, any amounts required to be deposited pursuant to Section 3.12 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Collection Account or Distribution Account, respectively. (g) On the Closing Date, the Depositor shall deposit into the Distribution Account an amount equal to $3,181,952.13. The Trustee shall allocate $2,272,852.13 to the Group I Principal Remittance Amount, $11,237.42 to the Group I Interest Remittance Amount, $543,850.00 to the Group III-A Principal Remittance Amount, $2,850.38 to the Group III-A Interest Remittance Amount, $365,250.00 to the Group III-B Principal Remittance Amount and $2,224.06 to the Group III-B Interest Remittance Amount, and shall distribute such amount to the Certificates on the first Distribution Date pursuant to Section 4.01(a).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust, Series 2004-A)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or accounts (such account or accounts, the "more “Collection Account")Accounts”, 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 Collection Account 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 basis, and in no event more than one Business Day after the Servicer’s receipt thereof, and shall thereafter deposit in the Collection Account, in no event later than two Business Days after receiptthe deposit of good funds into the clearing account, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans amounts attributable to a Due Date on or before prior to the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 FeeFee payable to the Servicer 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 Property) and amounts paid by all Subsequent Recoveries with respect to the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01)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 Master Servicer pursuant to the second paragraph of Section 3.13(a3.11(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodians or the Securities Administrator) of Mortgage Loans purchased in accordance with Section 2.03, Section 3.13 or Section 10.01; and (vii) any Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans or amounts required to be deposited by the Servicer in connection with a breach of its 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, Ancillary Income, Prepayment Interest Excess and payments in the nature of late payment charges, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Servicer as additional compensation. 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 Trustee Securities Administrator shall establish and maintain one account or more accounts (such accountaccount 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 Master Servicer shall deliver to the Trustee Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 12:00 p.m. noon New York time on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account and the amount of any funds reimbursable to an Advance Financing Person pursuant to Section 3.26. 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 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 Depositor, the Servicer, the Trustee, the Master Servicer, the Securities Administrator or the Sponsor pursuant to Section 3.09 and shall pay such amounts to the 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 remittance received by the Securities Administrator after the Servicer Remittance Date 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 interest on any such late payment by the Servicer at an annual rate equal to Prime Rate (as defined in The Wall Street Journal) plus one percentage 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 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 in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Master Servicer shall give notice to the Trustee, the Securities Administrator and the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee Securities Administrator shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee Securities Administrator for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee 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 Master Servicer shall deliver to the Trustee from time to time for deposit Securities Administrator no later than the Servicer Remittance Date the amounts set forth in clauses (i) through (viv) below: (i) any Monthly P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d) or (f3.21(f) in connection with any related REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01;; and (iv) any amounts required to be deposited pursuant to Section 3.23 in connection with any Prepayment 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 (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asl1)

Collection Account and Distribution Account. (a) On behalf The Master Servicer shall deposit all of the Trust Fundamounts listed below on a daily basis, and in no event more than one Business Day after the Master Servicer's receipt thereof, to the clearing account in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities. The Master Servicer shall establish and maintain an account one or more accounts (such account or accountscollectively, the "Collection Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the The Master Servicer shall deposit or cause to be deposited in the Collection Account on a daily basis and in no event later than within two Business Days after of 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the Mortgage Loans due on or before the Cut-off Date Date), or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicable):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 sum of the related Master Servicing Fee and the related Trustee's Fee) on each Mortgage Loan; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect amounts held for restoration or repair of any particular REO a related Mortgaged Property and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and; (vi) any amounts required to be deposited by the Master Servicer pursuant to Section 3.23(c) in connection with any REO Property; and (vii) any amounts required to be deposited by the Master Servicer pursuant to Section 3.16(c) or the Purchase Price or Substitution Shortfall Amount delivered to received by the Master Servicer; Servicer with respect to a Mortgage Loan 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 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, prepayment charges that are not prepayment penalties, penalty interest or assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 The Trustee shall establish and maintain one account or more accounts (such accountcollectively, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the The Master Servicer shall deliver or cause to be delivered to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 two o'clock p.m. New York City time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance Amount (calculated without regard to the references in clause (2)(iv) of the definition thereof to amounts that may be withdrawn from the Distribution Account to the extent payable to the Trustee) for the related Distribution Date then on deposit in the Collection Account, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account", the Master Servicer shall, on or before two o'clock p.m. New York City time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Seller or any SubServicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered or caused to be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d) or (f3.23(f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01;9.01; and (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 (Salomon Brothers Mor Sec Vii Inc Mor Pa THR Cer Ser 1995 3)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 the Distribution Account; (v) any amounts required to be deposited by the Master Servicer pursuant to the second paragraph of Section 3.13(a3.14(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master Servicer; and (vii) any prepayment penalties or amounts required to be deposited in connection with the waiver of such prepayment penalties pursuant to Section 3.01. 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, Prepayment Excess, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 5:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance Amount (calculated without regard to the references in clause (ii) 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, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer 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 Depositor, the Servicer, the Trustee or the Mortgage Loan Originator pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee 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 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 Master Servicer shall deliver to the Trustee from time to time for deposit in the Distribution Account the amounts set forth in clauses (i) through (v) below: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 (Structured Asset Securities Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, the "Collection Account"), held in trust for the benefit of the Trustee and Trustee, the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Cutoff Date, as applicable):: (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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master Servicer; and (vii) any prepayment penalties. 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, Prepayment Excess, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 5:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance Amount (calculated without regard to the references in clause (ii) 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, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer 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 Depositor, the Master Servicer, the Servicer, the Trustee or the Mortgage Loan Seller pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer, the Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit the amounts set forth in clauses (i) through (v) below: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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)

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Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later more than two Business Days after receiptthe Master Servicer's receipt thereof, and shall thereafter deposit in the Collection Account, in no event more than two Business Days after the Master Servicer's deposit thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date Date, with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date Date, with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):), or payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-off Date, as applicable, 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 paragraph of Section 3.13(a3.14(a) in respect of any blanket policy deductibles; and (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master Servicer; . 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 prepayment or late payment charges, prepayment charges that are not prepayment penalties, assumption fees or other similar ancillary servicing fees shall be retained by the Master Servicer need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 5:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Sub-Pool Available Distribution Amount and Principal Remittance Amount for each Sub-Pool (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, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee and the Trustee Certificate Insurer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer Servicer, the Depositor and the Depositor Certificate Insurer of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Net Aggregate Prepayment Interest Shortfalls; andShortfall; (v) any Stayed Funds, as soon as permitted by the federal bankruptcy court having jurisdiction in such matters; and (vi) any amounts required to be transferred from the Policy Payments Account pursuant to Section 9.04(b) on any Distribution Date. (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 (Salomon Bro Mort Sec Vii Inc as Bk Fix & Fl Rte Ce Se 1996-8)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account clearing account (which account must be an Eligible Account) in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis basis, and in no event later 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 Business Days after receiptthe 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 on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or the related Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):the case may be) or payments (other than Principal Prepayments) received by it on or prior to the 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 9.01; (vii) all amounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viviii) any Purchase Price or Substitution Shortfall Amount delivered to all Prepayment Charges collected by the Master Servicer; Servicer in connection with the voluntary Principal Prepayment in full of any of the Mortgage Loans. 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, prepayment charges that are not prepayment penaltiesNSF fees, reconveyance fees or assumption fees or and other similar fees and charges need not be deposited by the Master Servicer in the Collection AccountAccount and shall, upon collection, belong to the Master 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. (b) On behalf of the Trust Fund, the Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Master Servicer in connection with the voluntary Principal Prepayment in full of any of the Mortgage Loans then on deposit in the Collection Account (other than any such Prepayment Charges received after the related Prepayment Period) 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee and the Trustee Depositor of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest Shortfalls; and; (v) any Stayed Funds, as soon as permitted by the federal bankruptcy court having jurisdiction in such matters; and (vi) any amounts required to be paid by the Master Servicer pursuant to Section 3.12(b) in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account. (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 Trustee shall deposit in the Distribution Account any amounts required to be deposited pursuant to Section 3.12 3.12(c) 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 (Floating Rate Mort Pass Through Cert Series 2000-1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 Master Servicer pursuant to the second paragraph of Section 3.13(a3.11(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loans purchased in accordance with Section 10.01 or pursuant to any other provision of this Agreement; and (vii) any Prepayment Charges or amounts required to be deposited by the Servicer in connection with a breach of its obligations under Section 3.01 with respect to the waiver of Prepayment Charges or any amounts paid by the Seller in respect of any 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount 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 Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account (i) on or before 12:00 3:00 p.m. New York time on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans (including any Servicer Prepayment Charge Payment Amount) 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 (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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer 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 Depositor, the Servicer, the Trustee or the Seller pursuant to Section 3.09 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Master Servicer shall give notice to the Trustee and the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee 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 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 Master Servicer shall deliver to the Trustee from time to time for deposit no later than the Servicer Remittance Date the amounts set forth in clauses (i) through (viv) below: (i) any Monthly P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01;; and (iv) any amounts required to be deposited pursuant to Section 3.23 3.22 in connection with any Prepayment 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 (Ace Securities Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more segregated accounts (such account or accounts, the "Collection Account"), held in trust for the benefit of the Trustee and the CertificateholdersCertificateholders and the Class II-A3 Insurer. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the Collection Account clearing account (which account must be an Eligible Account) in which it customarily deposits payments and collections on mortgage loans in connection with its mortgage loan servicing activities on a daily basis basis, and in no event later 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 Business Days after receiptthe 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 on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicableoff 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 FeeFee and the related 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01)9.01) and all Gross Subsequent Recoveries; (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 3.13(a3.14(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 Master Servicer Prepayment Charge Payment Amounts required to be deposited in the Collection Account pursuant to Section 2.03; (vii) all Substitution Adjustments; (viii) all Prepayment Charges collected by the Master Servicer; and (viix) any Purchase Price or Substitution Shortfall Amount delivered to without duplication, all payments of claims received by the Master Servicer; Servicer under the PMI Policy, if any. 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, any Prepayment Interest Excess and payments in the nature of late payment charges, prepayment charges that are not prepayment penaltiesNSF fees, reconveyance fees, assumption fees or and other similar fees and charges (other than Prepayment Charges) need not be deposited by the Master Servicer in the Collection AccountAccount and shall, upon collection, belong to the Master 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. (b) On behalf of the Trust Fund, the Trustee shall establish and maintain one account or more segregated accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the CertificateholdersTrustee, the Certificateholders and the Class II-A3 Insurer. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit on the same day in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount Available Funds (calculated without regard to the references in 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 Charges on the Prepayment Charge Schedule collected by the Master Servicer in connection with any of the Mortgage Loans and any Master Servicer Prepayment Charge Payment Amounts then on deposit in the Collection Account and the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.27 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of “Eligible Account,” the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. In order to comply with its duties under the U.S.A. Patriot Act, the Trustee shall obtain and verify certain information and documentation from the parties hereto, including, but not limited to, each party’s name, address, and other identifying information. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee, the Class II-A3 Insurer, the NIMS Insurer, the Depositor and the Trustee Rating Agencies of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer Servicer, the Class II-A3 Insurer, the NIMS Insurer, the Depositor and the Depositor Rating Agencies of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee withdraw withdraw, and the Trustee shall withdraw, such amount from the Distribution Account and remit to it the Master Servicer any such amount, any provision herein to the contrary notwithstanding. In addition, the Master Servicer shall deliver to the Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly Advances, as required pursuant to Section 4.034.04, unless delivered directly to the Trustee by an Advancing Person; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 (Long Beach Securities Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later 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 Business Days after receiptthe Master Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):), or payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-off Date, as applicable, 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 9.01; (vii) all amounts required to be deposited in connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 2.03; and (viviii) any Purchase Price or Substitution Shortfall Amount delivered to all Prepayment Charges collected by the Master Servicer; Servicer in connection with the Principal Prepayment of any of the Mortgage Loans. 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, prepayment modification or assumption fees, or insufficient funds charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Master Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; 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 . (f) The Master Servicer shall deposit in the Collection Account or Distribution Account Account, as the case may be, any amounts required to be deposited pursuant to Section 3.12 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 (Salomon Bros Mort Sec Vii Inc Mort Pa THR Cert Ser 1998-Wfc1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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, 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master Servicer and all proceeds (net of amounts payable or reimbursable to the Servicer) of Mortgage Loans purchased in accordance with Section 9.01; and (vii) any Prepayment Charges or amounts required to be deposited by the Servicer in connection with a breach of its obligations under Section 3.01 with respect to the waiver of Prepayment 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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. No later than the Closing Date, the Servicer shall establish and maintain a sub- account of the Collection Account titled "Litton Loan Servixxxx XP, as Servicer for Wells Fargo Bank Xxxxxsota, National Association, as Trustee, in trust for the registered holders of Salomon Brothers Mortgage Securities VII, Inc., Salomon Home Equity Loan Trust, Series 2002-CIT1, Asset Xxxxxx Xxxx-Xxxxugh Certificates, Simple Interest Excess Sub-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 Trustee shall establish and maintain one account or more accounts (such accountaccount 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 Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans (including the amount of any payment by the Servicer in respect of a waived Prepayment Charge, 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 (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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer 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 Depositor, the Servicer, the Trustee, the Originators or the Seller pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee 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 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 Master Servicer shall deliver to the Trustee from time to time for deposit in the Distribution Account the amounts set forth in clauses (i) through (vvi) below: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 in connection with any Prepayment 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.3.23

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Eq Loan Trust Ser 2002 Cit1 Asst Back Pass Thru Certs)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later 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 Business Days after receiptthe Master Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans Date, as applicable, (other than payments in respect of principal and or interest due on the Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):) or payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-off Date, as applicable, 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 Master Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds Proceeds, Liquidation Proceeds, Subsequent Recoveries and Liquidation Proceeds condemnation proceeds (other than proceeds collected in respect of any particular REO Property and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 10.01; (vii) all amounts required to be deposited in connection with Substitution Adjustments pursuant to Section 2.03; (viii) all Prepayment Charges collected by the Master Servicer and any Master Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans; and (viix) any Purchase Price or Substitution Shortfall Amount delivered to without duplication, all payments of claims under the Master Servicer; PMI Policy. 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, prepayment assumption fees, insufficient funds charges that are not prepayment penalties, assumption fees or and ancillary income (other similar fees than Prepayment Charges) need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 1:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount Available Funds (calculated without regard to the references in 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 Charges collected during the applicable Prepayment Period by the Master Servicer and Master Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account and the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer 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 Master Servicer, the Trustee, the Originator or any Sub- Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer NIMS Insurer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the NIMS Insurer, the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; PROVIDED, HOWEVER, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Servicer, with respect to items (i) through (iv) below, shall deliver to the Trustee from time to time for deposit deposit, and the amounts set forth in clauses Trustee, with respect to items (i) through (viv) below, shall so deposit, in the Distribution Account: (i) any Monthly Advances, as required pursuant to Section 4.034.04; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required Compensating Interest to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; and (v) any Stayed Fundsamounts required to be paid to the Trustee pursuant to the Agreement, as soon as permitted by the federal bankruptcy court having jurisdiction in such mattersincluding, but not limited to Section 3.06 and Section 7.02. (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[Reserved]. (f) or as otherwise permitted hereunder. In addition, the The Master Servicer shall deposit in the Distribution Collection Account any amounts required to be deposited pursuant to Section 3.12 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Distribution Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Option One Mortgage Acceptance Loan Trust 2004-2)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master The Servicer shall establish and maintain an account one or more accounts or sub-accounts (such account or accountscollectively, the "Collection Account"), held on behalf of the Trustee in trust for the benefit of the Trustee and the Certificateholders. On behalf If the Servicer does not elect to establish and maintain a separate Collection Account with respect to each Sub-Pool, the Servicer shall at all times during the term hereof maintain a separate ledger sub-account of the Trust FundCollection Account for each Sub- Pool, which ledger sub-account shall accurately reflect each deposit to and withdrawal from the Master Collection Account that is allocable to such Sub-Pool. The Collection Account shall be an Eligible Account. The Servicer shall deposit or cause to be deposited in the Collection Account Account, within one day of receipt (in the case of payments by Mortgagors or other collections on a daily basis and in no event later than two Business Days after receipt, as and when received the Mortgage Assets) or as otherwise required hereunder, the following payments and collections received or made by it or on or behalf of the Servicer subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and interest due on the Mortgage Loans Assets due and payable on or before the Cut-off Date Date), or Subsequent payments (other than Principal Prepayments made before November 22, 1996) received by it on or prior to the Cut-Off Date, as applicable):off Date but allocable to a period subsequent thereto: (i) all payments on account of principal, including Principal Prepayments, on the Mortgage LoansAssets; (ii) all payments on account of interest on the Mortgage Assets (at the Servicer's option, net of the related Master Servicing Fee) on each Mortgage Loanand all Prepayment Premiums; (iii) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected received in respect of any particular REO Property Mortgage Loan; (iv) all payments made by the FDIC in connection with Defects in the Mortgage Files or breaches of its representations or warranties pursuant to Section 2.04 and 2.05; (v) any amounts required to be deposited by the Servicer pursuant to Section 3.07(b); (vi) any amounts paid by the Master Servicer or the Controlling Class R-LT Certificateholder in connection with a the purchase of all the Mortgage Loans Assets and REO Properties pursuant to Section 10.01)9.01; (ivvii) any amounts required to be deposited pursuant to Section 3.12 3.06(b) in connection with any losses realized on Permitted Investments with respect to funds held in the Collection Account; (vviii) any other amounts received by the Servicer or payable by the Servicer that are expressly required by the terms of this Agreement to be deposited by in the Master Servicer pursuant to the second paragraph of Section 3.13(a) in respect of any blanket policy deductibles; and (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master Servicer; Collection Account. 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, actual payments from Mortgagors in the nature of late payment charges, prepayment default interest, Escrow Payments, charges that are not prepayment penaltiesfor beneficiary statements or demands, assumption fees fees, amounts collected for Mortgagor checks returned for insufficient funds or other similar fees amounts paid by or on behalf of the Mortgagors that the Servicer determines in accordance with the servicing standard set forth in Section 3.01(a), not to accept for deposit in the Collection Account need not be deposited by the Master Servicer in the Collection Account. 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. (b) On behalf of the Trust Fund, the The Trustee shall establish and maintain one account or more accounts (such accountcollectively, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf If the Trustee does not elect to establish and maintain a separate Distribution Account with respect to each Sub-Pool, the Trustee shall at all times during the term hereof maintain a separate ledger sub-account of the Trust FundDistribution Account for each Sub-Pool, which ledger sub-account shall accurately reflect each deposit to and withdrawal from the Master Distribution Account that is allocable to such Sub-Pool. The Distribution Account shall be an Eligible Account. The Servicer shall deliver to the Trustee in immediately available funds each month following the Determination Date but on or before the P&I Advance Date therein, for deposit in the Distribution Account on or before 12:00 p.m. New York time on Account, an aggregate amount of immediately available funds equal to the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Available Distribution Amount for each Sub-Pool and the related Distribution Date then on deposit in the Collection Account. (c) Funds in Account and any Prepayment Premiums received during the Collection Account may be invested in Permitted Investments in accordance with related Prepayment Period. In addition, the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer shall, as and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer required hereunder, deliver to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit the amounts set forth in clauses (i) through (v) below: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited transferred from the REO Account on any P&I Advance Date pursuant to Section 3.22(d3.16(c) or (f) in connection with any REO Property;3.16(d); and (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited by the Servicer pursuant to Section 3.23 in connection with any Prepayment Interest Shortfalls; and (v3.06(b) 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. The Trustee shall (upon receipt) deposit in the Distribution Account any and all amounts received by the Trustee that are required by the terms of this Agreement to be deposited therein. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.06. The Servicer shall give notice to the Trustee of the location of the Collection Account as of the Closing Date and of the new location of the Collection Account prior to any change thereof. If the Distribution Account is located elsewhere than at the Corporate Trust Office, the Trustee shall give notice to the Servicer of the location of the Distribution Account as of the Closing Date and shall notify the Servicer in any event of the new location of the Distribution Account prior to any change thereof.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fdic Remic Trust 1996-C1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later more than two one Business Days Day after receiptthe Servicer's receipt thereof, as and when received or as otherwise required hereundershall thereafter deposit in the Collection Account, in no event more than one Business Day after the deposit of such payments into such clearing account, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master 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 prepayment or late payment charges, prepayment charges that are not prepayment penalties, or assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the CertificateholdersCertificateholders and the Certificate Insurer. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Available Distribution Amount for the related Distribution Date then on deposit in the Collection Account, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Servicer, the Trustee, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee and the Trustee Certificate Insurer of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer Servicer, the Depositor and the Depositor Certificate Insurer of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the Trustee for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit the amounts set forth in clauses (i) through (v) below, and the Trustee shall deposit such amounts in the Distribution Account: (i) any Monthly Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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. (f) Notwithstanding any contrary provision of this Agreement (including the provisions of this Section 3.10), (i) the Servicer shall be deemed to be in compliance with the provisions of this Section 3.10 if amounts in any clearing account referred to in Section 3.10(a) which the Servicer would otherwise be required by this Section 3.10 to deposit or cause to be deposited into the Collection Account are instead deposited or caused to be deposited into the Distribution Account provided that such deposit into the Distribution Account is made within the time period that such amount would otherwise have been required to be deposited into the Collection Account (i.e., within one Business Day of the Servicer's receipt thereof), (ii) amounts otherwise payable or distributable from the Collection Account may be paid or distributed from the Distribution Account to the extent of any funds deposited into the Distribution Account rather than the Collection Account pursuant to clause (i) (as certified by the Servicer), and (iii) the provisions of this Agreement (including references herein to the Collection Account and the Distribution Account) shall be interpreted and construed to give effect to the foregoing.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later 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 Business Days after receiptthe Master Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans Date, as applicable, (other than payments in respect of principal and or interest due on the Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):) or payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-off Date, as applicable, 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 Master Servicing Fee) on each Mortgage Loan; (iii) all Insurance Proceeds Proceeds, Liquidation Proceeds, Subsequent Recoveries and Liquidation Proceeds condemnation proceeds (other than proceeds collected in respect of any particular REO Property and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; (vi) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 10.01; (vii) all amounts required to be deposited in connection with Substitution Adjustments pursuant to Section 2.03; (viii) all Prepayment Charges collected by the Master Servicer and any Master Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans; and (viix) any Purchase Price or Substitution Shortfall Amount delivered to without duplication, all payments of claims under the Master Servicer; PMI Policy. 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, prepayment assumption fees, insufficient funds charges that are not prepayment penalties, assumption fees or and ancillary income (other similar fees than Prepayment Charges) need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 1:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount Available Funds (calculated without regard to the references in 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 Charges collected during the applicable Prepayment Period by the Master Servicer and Master Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account and the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of “Eligible Account,” the Master Servicer 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 Master Servicer, the Trustee, the Originator or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer NIMS Insurer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the NIMS Insurer, the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Servicer, with respect to items (i) through (iv) below, shall deliver to the Trustee from time to time for deposit deposit, and the amounts set forth in clauses Trustee, with respect to items (i) through (viv) below, shall so deposit, in the Distribution Account: (i) any Monthly Advances, as required pursuant to Section 4.034.04; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required Compensating Interest to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; and (v) any Stayed Fundsamounts required to be paid to the Trustee pursuant to the Agreement, as soon as permitted by the federal bankruptcy court having jurisdiction in such mattersincluding, but not limited to Section 3.06, Section 3.26 and Section 7.02. (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[Reserved]. (f) or as otherwise permitted hereunder. In addition, the The Master Servicer shall deposit in the Distribution Collection Account any amounts required to be deposited pursuant to Section 3.12 3.12(b) in connection with losses realized on Permitted Investments with respect to funds held in the Distribution Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2005-2)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, the "Collection Account"), held in trust for the benefit of the Trustee Trustee, the Trust and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deposit or cause to be deposited in the Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans on or before the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Master Servicer and all proceeds (net of amounts payable or reimbursable to the Servicer) of Mortgage Loans purchased in accordance with Section 9.01; and (vii) any Prepayment Charges or amounts required to be deposited by the Servicer in connection with a breach of its obligations under Section 3.01 with respect to the waiver of Prepayment 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 FundTrust, the Trustee Trust Administrator, as agent for the Trustee, shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee, the Trust and the Certificateholders. On behalf of the Trust FundTrust, the Master Servicer shall deliver to the Trustee Trust Administrator in immediately available funds for deposit in the Distribution Account on or before 12:00 5:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans (including the amount of any payment by the Servicer in respect of a waived Prepayment Charge, other than as permitted in Section 3.01) then on deposit in the Collection Account, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Servicer 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 Depositor, the Servicer, the Trustee, the Trust Administrator or NC Capital pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer Trustee and the Trustee Trust Administrator of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee Trust Administrator shall give notice to the Master Servicer Servicer, the Trustee and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee Trust Administrator for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee Trust Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee 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 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 Master Servicer shall deliver to the Trustee Trust Administrator from time to time for deposit in the Distribution Account the amounts set forth in clauses (i) through (v) below: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 Trust Administrator shall notify the Servicer of such receipt and 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 deliver to the Trust Administrator for 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 Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp Ho Eq Lo Tr Se 2001-Nc1 as Ba Pa Th Ce)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account 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 basis, and in no event later 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 Business Days after receiptthe Master Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date or Subsequent Cut-Off off Date, as applicable):), or payments (other than Principal Prepayments) received by it on or prior to the Cut-off Date or Subsequent Cut-off Date, as applicable, 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (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 3.13(a3.14(a) in respect of any blanket policy deductibles; and (vi) any Purchase Price or Substitution Shortfall Amount delivered to all Prepayment Charges collected by the Master Servicer; Servicer in connection with the Principal Prepayment of any of the Mortgage Loans. 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, prepayment modification or assumption fees, or insufficient funds charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Master Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Master Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; 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 . (f) The Master Servicer shall deposit in the Collection Account or Distribution Account Account, as the case may be, any amounts required to be deposited pursuant to Section 3.12 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 Asset Backed Floating Rate Cert Ser 1998-Nc1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or accounts (such account or accounts, the "more Collection Account")Accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after 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 Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments of principal and interest due on the Mortgage Loans amounts attributable to a Due Date on or before prior to the Cut-off Date or Subsequent Cut-Off Date, as applicable):: (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 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01Property); (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 Master Servicer pursuant to the second paragraph of Section 3.13(a3.11(a) in respect of any blanket policy deductibles; and; (vi) any Purchase Price or Substitution Shortfall Amount delivered to the Servicer and all proceeds (net of amounts payable or reimbursable to the Servicer, the Master Servicer, the Trustee, the Custodian or the Securities Administrator) of Mortgage Loans purchased in accordance with Section 2.03, Section 3.13 or Section 10.01; and (vii) any Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans or amounts required to be deposited by the Servicer in connection with a breach of its 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, prepayment charges that are not prepayment penalties, assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Servicer as additional compensation. 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 Trustee Securities Administrator shall establish and maintain one account or more accounts (such accountaccount 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 Master Servicer shall deliver to the Trustee Securities Administrator in immediately available funds for deposit in the Distribution Account on or before 12:00 p.m. noon New York time on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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 and the amount of all Prepayment Charges collected by the Servicer in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection 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 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 Company, the Servicer, the Trustee, the Master Servicer, the Securities Administrator or the Seller pursuant to Section 3.09(a) and shall pay such amounts to the Persons entitled thereto. With respect to any remittance received by the Securities Administrator on or after the 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 interest on any such late payment at an annual rate equal to Prime Rate (as defined in The Wall Street Journal) plus one percentage 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 in Permitted Investments in accordance with the provisions set forth in Section 3.123.10. The Master Servicer shall give notice to the Trustee, the Securities Administrator and the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. Upon receipt, the Master Servicer shall provide to the Rating Agencies such notice of any change in the location of the Collection Account. The Trustee Securities Administrator shall give notice to the Master Servicer and the Depositor Company of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer in immediately available funds to the Trustee Securities Administrator for deposit in the Distribution Account. In the event the Master Servicer shall deliver to the Trustee Securities Administrator for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the Trustee Securities Administrator withdraw such amount from the Distribution Account and remit to it the Servicer 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 Master Servicer shall deliver to the Trustee from time to time for deposit Securities Administrator no later than the Servicer Remittance Date the amounts set forth in clauses (i) through (viv) below: (i) any Monthly P&I Advances, as required pursuant to Section 4.035.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.21(d) or (f3.21(f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01;; and (iv) any amounts Compensating Interest payments required to be deposited pursuant to Section 3.23 in connection with any Prepayment Interest Shortfalls; and (v) any Stayed Funds, as soon as permitted by the federal bankruptcy court having jurisdiction in such matters3.22. (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 (Peoples Choice Home Loan Securities Trust Series 2004-1)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account maintain, or cause to be established and maintained, one or more accounts (such account or accounts, 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 Collection Account on a daily basis and Account, in no event later more than two Business Days after receiptthe Servicer's receipt thereof, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the Mortgage Loans due on or before the Cut-off Date Date) or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicable):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 related Master 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 and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01); (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 3.13(a3.14(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 10.01; (vii) all amounts required to be deposited in connection with Substitution Adjustments pursuant to Section 2.03; (viii) all Prepayment Charges collected by the Servicer and any Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans; and (viix) any Purchase Price or Substitution Shortfall Amount delivered to without duplication, all payments of claims under the Master Servicer; Mortgage Pool Insurance Policy. 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, prepayment assumption fees, insufficient funds charges that are not prepayment penalties, assumption fees or and ancillary income (other similar fees than Prepayment Charges) need not be deposited by the Master Servicer in the Collection AccountAccount and may be retained by the Servicer as additional compensation. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Trustee and the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 1:00 p.m. New York time on the Master Servicer Remittance Date, that portion of the Interest Remittance Amount and Principal Remittance Amount Available Funds (calculated without regard to the references in 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 Charges collected during the applicable Prepayment Period by the Servicer and Servicer Prepayment Charge Payment Amounts in connection with the Principal Prepayment of any of the Mortgage Loans then on deposit in the Collection Account and the amount of any funds reimbursable to an Advancing Person pursuant to Section 3.29 (unless such amounts are to be remitted in another manner as specified in the documentation establishing the related Advance Facility). If, by 1:00 New York time, on the Servicer Remittance Date, the Servicer fails to remit to the Trustee for deposit into the Distribution Account any amounts required to be so remitted by the Servicer pursuant to this Agreement, the Servicer shall pay to the Trustee, for its own account, interest on such amounts at the prime rate for such date (as set forth in the Wall Street Journal) until such failure is remedied. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Servicer, with respect to items (i) through (iv) below, shall deliver to the Trustee from time to time for deposit deposit, and the amounts set forth in clauses Trustee, with respect to items (i) through (viv) below, shall so deposit, in the Distribution Account: (i) any Monthly Advances, as required pursuant to Section 4.034.04; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.01; (iv) any amounts required Compensating Interest to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment Interest ShortfallsShortfall; 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 paid to the Trustee pursuant to the Agreement, including, but not limited to Section 3.12 in connection with losses realized on Permitted Investments with respect to funds held in the Distribution Account3.06 and Section 7.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2003-FFC)

Collection Account and Distribution Account. (a) On behalf of the Trust Fund, the Master Servicer shall establish and maintain an account one or more accounts (such account or accounts, 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 Collection Account on a daily basis and in no event later than two Business Days after receiptbasis, as and when received or as otherwise required hereunder, the following payments and collections received or made by it on or subsequent to the Cut-off Date with respect to the Initial Mortgage Loans, or Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans (other than payments in respect of principal and or interest due on the related Mortgage Loans due on or before the Cut-off Date Date), or Subsequent payments (other than Principal Prepayments) received by it on or prior to the Cut-Off Date, as applicable):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 payments on account of Arrearage on the Mortgage Loans; (iv) all Insurance Proceeds and Liquidation Proceeds (other than proceeds collected in respect of any particular REO Property and amounts paid by the Master Servicer in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01); (ivv) 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; (vvi) any amounts required to be deposited by the Master Servicer pursuant to the second paragraph of Section 3.13(a3.14(a) in respect of any blanket policy deductibles; (vii) all proceeds of any Mortgage Loan repurchased or purchased in accordance with Section 2.03 or Section 9.01; and (viviii) all amounts 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 Purchase Price or Substitution Shortfall Amount delivered Qualified Substitute Mortgage Loan shall be deemed to be the Master Servicer; 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 prepayment or late payment charges, prepayment charges that are not prepayment penalties, or assumption fees or other similar fees need not be deposited by the Master Servicer in the Collection Account. 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 Trustee shall establish and maintain one account or more accounts (such accountaccount or accounts, the "Distribution Account"), held in trust for the benefit of the Certificateholders. On behalf of the Trust Fund, the Master Servicer shall deliver to the Trustee in immediately available funds for deposit in the Distribution Account on or before 12:00 3:00 p.m. New York time (i) on the Master Servicer Remittance Date, that portion of the Interest Remittance Available Distribution Amount and Principal Remittance 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, 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 constitutes an Eligible Account solely pursuant to clause (ii) of the definition of "Eligible Account," the Master Servicer shall, on or before 3:00 p.m. New York time on such Business Day, withdraw from the Collection Account any and all amounts payable or reimbursable to the Depositor, the Master Servicer, the Trustee, the Originator, the Seller or any Sub-Servicer pursuant to Section 3.11 and shall pay such amounts to the Persons entitled thereto. (c) Funds in the Collection Account and the Distribution Account may be invested in Permitted Investments in accordance with the provisions set forth in Section 3.12. The Master Servicer shall give notice to the Master Servicer and the Trustee of the location of the Collection Account maintained by it when established and prior to any change thereof. The Trustee shall give notice to the Master Servicer and the Depositor of the location of the Distribution Account when established and prior to any change thereof. (d) Funds held in the Collection Account at any time may be delivered by the Master Servicer to the 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 the Collection Account; provided, however, that the Trustee shall have the sole authority to withdraw any funds held pursuant to this subsection (d). In the event the Master Servicer shall deliver to the Trustee for deposit in the Distribution Account any amount not required to be deposited therein, it may at any time request that the 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 Trustee from time to time for deposit deposit, and the amounts set forth Trustee shall so deposit, in clauses (i) through (v) belowthe Distribution Account: (i) any Monthly P&I Advances, as required pursuant to Section 4.03; (ii) any amounts required to be deposited pursuant to Section 3.22(d3.23(d) or (f) in connection with any REO Property; (iii) any amounts to be paid by the Terminator in connection with a purchase of Mortgage Loans and REO Properties pursuant to Section 10.019.01; (iv) any amounts required to be deposited pursuant to Section 3.23 3.24 in connection with any Prepayment 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 (Salomon Bros Mort Sec Vii Inc Ast Bk Fl Rte Cer Se 1997-Aq2)

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