Common use of Collection of Certain Mortgage Loan Payments; Establishment of Accounts Clause in Contracts

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc)

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Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on the next Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-L), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-O), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-J)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. The Master Servicer may retain from payments of interest on the Mortgage Loans in each Collection Period, the Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Indenture Trustee shall hold amounts deposited in the Collection Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account allocable to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account is the Master Servicer's and may be withdrawn from time to time. Any losses incurred on these investments that reduce principal shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc Revolving Home Eq Loan Ast Back Notes Ser 2003-D), Sale and Servicing Agreement (Cwabs Inc Revolving Hm Equ Ln Asst Back NTS Ser 2003-B), Sale and Servicing Agreement (Cwabs Inc Revolving Home Eq Loan Asset BKD Notes Ser 2003-C)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the Officer's Certificate specified in Section 2.01(b)(ii)(I) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(c) on a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the Additional Loan Account and set aside for the benefit of the Depositor for later delivery pursuant to Section 3.02(d) an amount equal to the Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document. (d) On the date on which the revised Mortgage Loan Schedule reflecting the addition of the Additional Home Equity Loans covered by a Transfer Document is delivered to the Indenture Trustee and the Credit Enhancer along with an opinion of counsel to the effect that a court in a bankruptcy context addressing the transfer of the Additional Home Equity Loans would characterize the transfer as a sale rather than as a secured lending, the Indenture Trustee shall deliver to the order of the Depositor an amount in cash equal to the actual Cut-off Date Asset Balance of the relevant Additional Home Equity Loans, and to the Master Servicer any earnings on those funds since the relevant Subsequent Closing Date. If after that payment any funds remain from the original set aside with respect to the Transfer Document pursuant to Section 2.01(b), then they shall be returned to the Additional Loan Account. If on the Latest Subsequent Closing Date any funds remain in the Indenture Trustee's possession from any set aside under Section 3.01(b), then they shall be returned to the Additional Loan Account.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (CWHEQ, Inc.), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-F), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-H)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Treasury Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-D), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-B), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-C)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on the next Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-Q), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-T), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-R)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the Officer's Certificate specified in Section 2.01(b)(ii)(I) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)(ii) on a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the applicable Additional Loan Account and set aside for the benefit of the Depositor for later delivery pursuant to Section 3.02(d) an amount equal to the Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document. (d) On the date on which the revised Mortgage Loan Schedule reflecting the addition of the Additional Home Equity Loans covered by a Transfer Document is delivered to the Indenture Trustee and the Credit Enhancer along with an opinion of counsel to the effect that a court in a bankruptcy context addressing the transfer of the Additional Home Equity Loans would characterize the transfer as a sale rather than as a secured lending, the Indenture Trustee shall deliver to the order of the Depositor an amount in cash equal to the actual Cut-off Date Asset Balance of the relevant Additional Home Equity Loans, and to the Master Servicer any earnings on those funds since the relevant Subsequent Closing Date. If after that payment any funds remain from the original set aside with respect to the Transfer Document pursuant to Section 2.01(b), then they shall be returned to the applicable Additional Loan Account. If on the Latest Subsequent Closing Date any funds remain in the Indenture Trustee's possession from any set aside under Section 2.01(b), then they shall be returned to the applicable Additional Loan Account.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-K), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-I)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-A), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-E)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Sale and Servicing Agreement Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; (4) to pay the aggregate premiums due under the Loan Insurance Policy to the Co-Trustee or any other amounts due under the Loan Insurance Policy for distribution to the Loan Insurance Policy Provider under the Loan Insurance Policy; and (5) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-D), Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-C)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for servicing mortgage loans in its servicing portfolio of mortgage loans it owns comparable to the Mortgage Loansmortgage loans it owns, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or servicesowns. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an the amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor any Sponsor Shortfall Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan Requirement and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the applicable Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the applicable Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Collection Period, the Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders and the Transferor. In addition, the Master Servicer shall notify the Indenture Trustee on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the Officer's Certificate specified in Section 2.01(b)(ii)(I) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)(ii) on a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the applicable Additional Loan Account and set aside for the benefit of the Depositor for later delivery pursuant to Section 3.02(d) an amount equal to the Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document. (d) On the date on which the revised Mortgage Loan Schedule reflecting the addition of the Additional Home Equity Loans covered by a Transfer Document is delivered to the Indenture Trustee along with an opinion of counsel to the effect that a court in a bankruptcy context addressing the transfer of the Additional Home Equity Loans would characterize the transfer as a sale rather than as a secured lending, the Indenture Trustee shall deliver to the order of the Depositor an amount in cash equal to the actual Cut-off Date Asset Balance of the relevant Additional Home Equity Loans, and to the Master Servicer any earnings on those funds since the relevant Subsequent Closing Date. If after that payment any funds remain from the original set aside with respect to the Transfer Document pursuant to Section 2.01(b), then they shall be returned to the applicable Additional Loan Account. If on the Latest Subsequent Closing Date any funds remain in the Indenture Trustee's possession from any set aside under Section 2.01(b), then they shall be returned to the applicable Additional Loan Account.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ, Inc.), Sale and Servicing Agreement (CWHEQ, Inc.)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. The Master Servicer may retain from payments of interest on the Mortgage Loans in each Collection Period, the Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Indenture Trustee shall hold amounts deposited in the Collection Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account allocable to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time. Any losses incurred on these investments that reduce the principal amount thereof shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc Revolving Home Equity Loan Notes Series 2004-C), Sale and Servicing Agreement (Cwabs Inc Revolving Home Eq Ln Asst Back NTS Ser 2004-A)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; ; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; ; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; ; (4) Insurance Proceeds; and and (5) any amounts required to be deposited pursuant to Section 7.01.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio it owns comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on the next Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (CWHEQ, Inc.), Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-P)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, F.S.B., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Charged-off Mortgage Loan Proceeds; (5) Insurance Proceeds; and (56) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; and (4) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount deposited by the Master Servicer representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-C)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Sale and Servicing Agreement Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; (4) to pay the aggregate premiums due under the Loan Insurance Policy to the Co-Trustee or any other amounts due under the Loan Insurance Policy for distribution to the Loan Insurance Policy Provider under the Loan Insurance Policy; and (5) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-B)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Payment Account any shortfall in the amount required to pay the Note Interest on those Payment Dates for each Class of Notes resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Payment Account (A) an amount for each Loan Group equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture for that Loan Group on the first Payment Date over what the aggregate Investor Interest Collections for that Loan Group would be if the Minimum Monthly Payments on the related Mortgage Loans due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-F)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; and (4) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount deposited by the Master Servicer representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-A)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's ’s policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, F.S.B., which is an affiliate of the Master Servicer (subject to the terms of the Letter Agreement, dated September 23, 2005, by and among the Credit Enhancer, Countrywide Financial Corporation, Countrywide Bank, N.A., and the Master Servicer). The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Charged-off Mortgage Loan Proceeds; (5) Insurance Proceeds; and (56) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer’s Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; and (4) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount deposited by the Master Servicer representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer’s Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)(2) on a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the Additional Loan Account and deliver to the order of the Depositor an amount equal to the Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates for each Class of Notes resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount for each Loan Group equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture for that Loan Group on the first Payment Date over what the aggregate Investor Interest Collections for that Loan Group would be if the Minimum Monthly Payments on the related Mortgage Loans due during the first Collection Period were made on each Mortgage Loan and (B) for each Loan Group any amounts representing payments on, and any collections in respect of, the Mortgage Loans in each Loan Group received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. The Master Servicer may retain from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any related unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03 with respect to such Loan Group. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Indenture Trustee shall hold amounts deposited in the Collection Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account allocable to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time. Any losses incurred on these investments that reduce the principal amount thereof shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cwabs Master Trust Series 2004-B)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections from the relevant Loan Group the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; and (4) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount deposited by the Master Servicer representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-I)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's ’s policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, F.S.B., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Charged-off Mortgage Loan Proceeds; (5) Insurance Proceeds; and (56) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer’s Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; and (4) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount deposited by the Master Servicer representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer’s Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)(2) on a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the Additional Loan Account and deliver to the order of the Depositor an amount equal to the Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; (4) to pay the aggregate premiums due under the Loan Insurance Policy to the Co-Trustee or any other amounts due under the Loan Insurance Policy for distribution to the Loan Insurance Policy Provider under the Loan Insurance Policy; and (5) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-H)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the Officer's Certificate specified in Section 2.01(b)(ii)(I) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)(ii) on a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the applicable Additional Loan Account and set aside for the benefit of the Depositor for later delivery pursuant to Section 3.02(d) an amount equal to the Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document. (d) On the date on which the revised Mortgage Loan Schedule reflecting the addition of the Additional Home Equity Loans covered by a Transfer Document is delivered to the Indenture Trustee and the Credit Enhancer along with an opinion of counsel to the effect that a court in a bankruptcy context addressing the transfer of the Additional Home Equity Loans would characterize the transfer as a sale rather than as a secured lending, the Indenture Trustee shall deliver to the order of the Depositor an amount in cash equal to the actual Cut-off Date Asset Balance of the relevant Additional Home Equity Loans, and to the Master Servicer any earnings on those funds since the relevant Subsequent Closing Date. If after that payment any funds remain from the original set aside with respect to the Transfer Document pursuant to Section 2.01(b), then they shall be returned to the applicable Additional Loan Account. If on the Latest Subsequent Closing Date any funds remain in the Indenture Trustee's possession from any set aside under Section 2.01(b), then they shall be returned to the applicable Additional Loan Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-L)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for servicing mortgage loans in its servicing portfolio of mortgage loans it owns comparable to the Mortgage Loansmortgage loans it owns, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or servicesowns. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an the amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor any Sponsor Shortfall Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan Requirement and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cwabs Inc)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the Officer's Certificate specified in Section 2.01(b)(ii)(I) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)(ii) on a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the applicable Additional Loan Account and set aside for the benefit of the Depositor for later delivery pursuant to Section 3.02(d) an amount equal to the Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document. (d) On the date on which the revised Mortgage Loan Schedule reflecting the addition of the Additional Home Equity Loans covered by a Transfer Document is delivered to the Indenture Trustee and the Credit Enhancer along with an opinion of counsel to the effect that a court in a bankruptcy context addressing the transfer of the Additional Home Equity Loans would characterize the transfer as a sale rather than as a secured lending, the Indenture Trustee shall deliver to the order of the Depositor an amount in cash equal to the actual Cut-off Date Asset Balance of the relevant Additional Home Equity Loans, and to the Master Servicer any earnings on those funds since the relevant Subsequent Closing Date. If after that payment any funds remain from the original set aside with respect to the Transfer Document pursuant to Section 2.01(b), then they shall be returned to the applicable Additional Loan Account. If on the Latest Subsequent Closing Date any funds remain in the Indenture Trustee's possession from any set aside under Section 2.01(b), then they shall be returned to the applicable Additional Loan Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-J)

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Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's ’s policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption AnnexMaster Glossary of Defined Terms. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, F.S.B., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Charged-off Mortgage Loan Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer’s Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant to this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; and (4) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount deposited by the Master Servicer representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders and the Transferor. In addition, the Master Servicer shall notify the Indenture Trustee on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01.. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-G)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Collection Period, the Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on the next Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-S)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Datesshall, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) any payments received from the Co-trustee as a payment under the Loan Insurance Policy; (5) any payments of the Seller Loss Coverage Obligation; (6) Insurance Proceeds; and (57) any amounts required to be deposited pursuant to Section 7.01.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cwabs Inc)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, N.A., which is an affiliate of the Master Servicer (subject to the terms of the Letter Agreement, dated September 23, 2005, by and among the Credit Enhancer, Countrywide Financial Corporation, Countrywide Bank, N.A., and the Master Servicer). The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; and (4) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-G)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Countrywide Bank, F.S.B., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; and (4) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount deposited by the Master Servicer representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-B)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Payment Account any shortfall in the amount required to pay the Note Interest on those Payment Dates for each Class of Notes resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Payment Account (A) an amount for each Loan Group equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture for that Loan Group on the first Payment Date over what the aggregate Investor Interest Collections for that Loan Group would be if the Minimum Monthly Payments on the related Mortgage Loans due during the first Collection Period were made on each Mortgage Loan and (B) for each Loan Group any amounts representing payments on, and any collections in respect of, the Mortgage Loans in each Loan Group received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-E)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on the next Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-D)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio it owns comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain from payments of interest on the Mortgage Loans the Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on the next Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-I)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at _______ ______________________________. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ, Inc.)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Collection Period, the Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; (4) to pay the aggregate premiums due under the Loan Insurance Policy to the Co-Trustee or any other amounts due under the Loan Insurance Policy for distribution to the Loan Insurance Policy Provider under the Loan Insurance Policy; and (5) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders and the Transferor. In addition, the Master Servicer shall notify the Indenture Trustee on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-A)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee the amount to be applied on the next Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-G)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the Officer's Certificate specified in Section 2.01(b)(ii)(I) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)(ii) on a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the applicable Additional Loan Account and set aside for the benefit of the Depositor for later delivery pursuant to Section 3.02(d) an amount equal to the Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document. (d) On the date on which the revised Mortgage Loan Schedule reflecting the addition of the Additional Home Equity Loans covered by a Transfer Document is delivered to the Indenture Trustee and the Credit Enhancer along with an opinion of counsel to the effect that a court in a bankruptcy context addressing the transfer of the Additional Home Equity Loans would characterize the transfer as a sale rather than as a secured lending, the Indenture Trustee shall deliver to the order of the Depositor an amount in cash equal to the actual Cut-off Date Asset Balance of the relevant Additional Home Equity Loans, and to the Master Servicer any earnings on those funds since the relevant Subsequent Closing Date. If after that payment any funds remain from the original set aside with respect to the Transfer Document pursuant to Section 2.01(b), then they shall be returned to the applicable Additional Loan Account. If on the Latest Subsequent Closing Date any funds remain in the Indenture Trustee's possession from any set aside under Section 2.01(b), then they shall be returned to the applicable Additional Loan Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-M)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and and (5) any amounts required to be deposited pursuant to Section 7.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer may retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-U)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection AccountCOLLECTION ACCOUNT") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible Account. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit within two [two] Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.01. The Master Servicer may retain from payments of interest on the Mortgage Loans in each Collection Period, the Servicing Fee for the Collection Period and any unreimbursed optional advance made by the Master Servicer pursuant to Section 4.03. Notwithstanding the foregoing, so long as IndyMac Bank is the Master Servicer and [(x)] the Master Servicer's long-term senior unsecured debt obligations are rated at least "[____]" by [_______] and "[___]" by [____] and [(y) the Credit Enhancer's claims-paying ability is rated "[___]" by [_______] and "[___]" by [____],] the Master Servicer need not make daily deposits in the Collection Account for any Collection Period, but instead may make a single deposit in the Collection Account of amounts to be remitted by it for the Collection Period in immediately available funds on the Business Day before the related Payment Date. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Indenture Trustee shall hold amounts deposited in the Collection Account as trustee for the Noteholders, [and] the Transferor[, and the Credit Enhancer]. In addition, the Master Servicer shall notify the Indenture Trustee [and the Credit Enhancer] on each Determination Date of the amount of collections in the Collection Account allocable to Interest Collections and Principal Collections for the Mortgage Loans for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account is the Master Servicer's and may be withdrawn from time to time. Any losses incurred on these investments that reduce principal shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Indymac Abs Inc)

Collection of Certain Mortgage Loan Payments; Establishment of Accounts. (a) The Master Servicer shall make reasonable efforts to collect all payments called for under the Mortgage Loans, and shall follow the collection procedures it follows for mortgage loans in its servicing portfolio comparable to the Mortgage Loans, to the extent consistent with this Agreement. Consistent with the foregoing, and without limiting the generality of the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any assumption fees or other fees that may be collected in the ordinary course of servicing the Mortgage Loans and (ii) arrange with a mortgagor a schedule for the payment of interest due and unpaid if the arrangement is consistent with the Master Servicer's policies with respect to the mortgage loans it owns or services. Notwithstanding any arrangement, the Mortgage Loans will be included in the information regarding delinquent Mortgage Loans in the Servicing Certificate and monthly statement to Noteholders pursuant to Section 7.04 of the Indenture. (b) The Master Servicer shall establish and maintain a trust account (the "Collection Account") with the title specified in the Adoption Annex. The Collection Account shall be an Eligible AccountAccount and will initially be established by the Master Servicer at Treasury Bank, N.A., which is an affiliate of the Master Servicer. The Master Servicer shall (i) on the Business Day before each of the first three Payment Dates, deposit in the Collection Account any shortfall in the amount required to pay the Note Interest on those Payment Dates resulting solely from the failure of certain Mortgage Loans to be fully indexed and (ii) on the Business Day before the first Payment Date, deposit in the Collection Account (A) an amount equal to the excess of the aggregate amount payable pursuant to Sections 8.03(a)(i) and (ii) of the Indenture on the first Payment Date over what the aggregate Investor Interest Collections would be if the Minimum Monthly Payments due during the first Collection Period were made on each Mortgage Loan and (B) any amounts representing payments on, and any collections in respect of, the Mortgage Loans received after the Cut-off Date and before the Closing Date (exclusive of payments of accrued interest due by the Cut-off Date), and then the Master Servicer, or the Sponsor, as the case may be, shall deposit or cause to be deposited in the Collection Account within two Business Days following its receipt the following payments and collections received or made by it (without duplication): (1) all collections on the Mortgage Loans; (2) the amounts deposited to the Collection Account pursuant to Section 4.03; (3) Net Liquidation Proceeds net of any related Foreclosure Profit; (4) Insurance Proceeds; and (5) any amounts required to be deposited pursuant to Section 7.018.01. No other amounts are to be deposited to the Collection Account, including amounts representing Foreclosure Profits, fees (including annual fees) or late charge penalties payable by mortgagors, or amounts received by the Master Servicer for the accounts of mortgagors for application towards the payment of taxes, insurance premiums, assessments, excess pay off amounts, and similar items. The Master Servicer shall remit all Foreclosure Profits to the Sponsor. The Master Servicer shall retain, from payments of interest on the Mortgage Loans in each Loan Group in each Collection Period, the related Servicing Fee for the Collection Period and any unreimbursed optional advance with respect to the related Loan Group made by the Master Servicer pursuant to Section 4.03. The Master Servicer may make a net deposit in the Collection Account of the amounts required by this Section. Upon delivery of an Officer's Certificate to the Indenture Trustee, the Master Servicer may withdraw funds from the Collection Account for the following purposes (to the extent that the payment has not been otherwise retained pursuant this Section 3.02(b)): (1) to pay to the Master Servicer its Servicing Fee; (2) to pay to the Master Servicer net earnings on amounts on deposit in the Collection Account; (3) to pay from Principal Collections from the relevant Loan Group the amounts provided for the purchase of Additional Balances pursuant to Section 2.01; (4) to pay the aggregate premiums due under the Loan Insurance Policy to the Co-Trustee or any other amounts due under the Loan Insurance Policy for distribution to the Loan Insurance Policy Provider under the Loan Insurance Policy; and (5) to pay to the Master Servicer amounts deposited by the Master Servicer that are not required to be deposited or any amount deposited by the Master Servicer representing payments by mortgagors made by checks subsequently returned uncollected. On the Business Day before each Payment Date to the extent on deposit in the Collection Account, the Master Servicer shall withdraw from the Collection Account and remit to the Indenture Trustee, the amount to be applied on that Payment Date by the Indenture Trustee pursuant to Section 8.03 of the Indenture with respect to both Loan Groups, and the Indenture Trustee will deposit that amount in the Payment Account pursuant to the Indenture. The Indenture Trustee shall hold amounts deposited in the Payment Account as trustee for the Noteholders, the Transferor, and the Credit Enhancer. In addition, the Master Servicer shall notify the Indenture Trustee and the Credit Enhancer on each Determination Date of the amount of collections in the Collection Account to be transferred to the Payment Account and their allocation to Interest Collections and Principal Collections for the Mortgage Loans in each Loan Group for the related Payment Date. Following this notification, the Master Servicer may withdraw from the Collection Account and retain any amounts that constitute income realized from the investment of the collections. The Master Servicer will be entitled to receive, as additional servicing compensation, income earned on the collections in the Payment Account. Amounts on deposit in the Collection Account will be invested in Eligible Investments maturing no later than the day before the next Payment Date at the direction of the Master Servicer. All income realized from any investment in Eligible Investments of funds in the Collection Account shall be the property of the Master Servicer and may be withdrawn from time to time from the Collection Account. Any losses incurred on these investments that reduce their principal amount shall be deposited in the Collection Account by the Master Servicer out of its own funds immediately as realized. (c) Upon its receipt of the deliveries specified in Section 2.01(b)(1) to be delivered to it, including the Officer's Certificate specified in Section 2.01(b)(2)(H) confirming satisfaction of the conditions precedent to subsequent additions in Section 2.01(b)(2) on a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the Additional Loan Account and deliver to the order of the Depositor an amount equal to the Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document.

Appears in 1 contract

Samples: Sale and Servicing Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-F)

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