Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion extend the due dates for payments due on a Mortgage Note for a period not greater than 270 days; provided, however, that the NIMs Insurer's prior written consent shall be required for any modification, waiver or amendment if the aggregate number of outstanding Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans as of the Cut-Off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance;
Appears in 12 contracts
Samples: Pooling and Servicing Agreement (Chase Funding Loan Acquisition Trust, Series 2004-Aq1), Pooling and Servicing Agreement (Chase Funding Trust, Series 2004-2), Pooling and Servicing Agreement (Chase Funding Inc)
Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion extend the due dates for payments due on a Mortgage Note for a period not greater than 270 days; provided, however, that the NIMs Insurer's prior written consent shall be required for any modification, waiver or amendment if the aggregate number of outstanding Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans as of the Cut-Off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance;Mortgage
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Funding Inc)
Collection of Mortgage Loan Payments; Collection Account; Distribution Account. (a) The Servicer shall make reasonable efforts in accordance with Accepted Servicing Practices to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Servicer may in its discretion extend the due dates for payments due on a Mortgage Note for a period not greater than 270 days; provided, however, that the NIMs Insurer's prior written consent shall be required for any modification, waiver or amendment if the aggregate number of outstanding Mortgage Loans which have been modified, waived or amended exceeds 5% of the number of Mortgage Loans as of the Cut-Off Date. In the event of any such arrangement, subject to Section 4.01, the Servicer shall make any Advances on the related Mortgage Loan during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Servicer shall waive a prepayment penalty in connection with the prepayment of a Mortgage Loan in response to a request for such a waiver under the following circumstances (but only under the following circumstances): (i) Loss Mitigation; (ii) Assertion of Non-Compliance;following
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Funding Inc)