Common use of Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts Clause in Contracts

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Master Servicer shall establish and maintain one or more accounts (the "SERVICING ACCOUNTS") into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agent, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer); or (v) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.1. As part of its servicing duties, the Master Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan, and otherwise may retain such amounts.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Com Mort Ps THR Cer Se 1998-Cf1)

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Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Fiscal Agent, the Trustee, the Master Servicer, Servicer and the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Fiscal Agent, the Trustee and the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Master Servicer shall establish and maintain one or more accounts (the "SERVICING ACCOUNTS") into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Master Servicer, the Special Servicer, the Trustee Servicer or the Fiscal AgentTrustee, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer); or (v) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.1. As part of its servicing duties, the Master Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan, and otherwise may retain such amounts.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Depositor for Series 1999-Fnv1), Pooling and Servicing Agreement (Heller Financial Commercial Mort Asset Corp Series 1999 Ph 2)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Trustee, the Master Servicer, Servicer and the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments with respect to the Mortgage Loans and Serviced Whole Loans serviced hereunder shall be deposited and retained. Subject to retained and invested in accordance with the terms of the related Mortgage Note and Mortgage, Loan. Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan or Serviced Whole Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Fiscal Agent, the Trustee and the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the 129 related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors earned interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan or Serviced Whole Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amounts.REMIC II, REMIC III, Grantor Trust Q or Grantor Trust W.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GMAC Commercial Mortgage Securities, Inc. Series 2005-C1 Trust), Pooling and Servicing Agreement (GMAC Commercial Mortgage Securities, Inc. Series 2005-C1 Trust)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Fiscal Agent, the Trustee, the Master Servicer, Servicer and the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined deter mined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan, and otherwise may retain such amounts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan or Companion Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Fiscal Agent, the Trustee, the Master Servicer, Servicer and the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan or Companion Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan or the Companion Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Trustee, the Master Servicer, Servicer and the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan or Companion Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments with respect to the Mortgage Loans and Serviced Companion Loans serviced hereunder shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan or Serviced Companion Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Trustee and the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any 103 unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan or Serviced Companion Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments with respect to the Mortgage Loans and Serviced Whole Loans serviced hereunder shall be deposited and retained. Subject to retained and invested in accordance with the terms of the related Mortgage Note and Mortgage, Loan. Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan or Serviced Whole Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Trustee and the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay 136 interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors earned interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan or Serviced Whole Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC L, and otherwise may retain such amountsREMIC I, REMIC II, REMIC III or the Grantor Trust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GMAC Commercial Mortgage Securities, Inc. Series 2006-C1 Trust)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments with respect to the Mortgage Loans and Serviced Companion Loans serviced hereunder shall be deposited and retained. Subject to retained and invested in accordance with the terms of the related Mortgage Note and Mortgage, Loan. Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan or Serviced Companion Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Fiscal Agent, the Trustee and the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors earned interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan or Serviced Companion Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Master Servicer shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Master Servicer, the Special Servicer, the Trustee Servicer or the Fiscal AgentTrustee, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer); or (v) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.1. As part of its servicing duties, the Master Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan, and otherwise may retain such amounts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)

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Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments with respect to the Mortgage Loans and Serviced Whole Loans serviced hereunder shall be deposited and retained. Subject to retained and invested in accordance with the terms of the related Mortgage Note and Mortgage, Loan. Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan or Serviced Whole Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Trustee and the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors earned interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan or Serviced Whole Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Master Servicer, the Special Servicer, the Trustee Servicer or the Fiscal AgentTrustee, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); or (v) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan, and otherwise may retain such amounts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments with respect to the Mortgage Loans and Serviced Whole Loans serviced hereunder shall be deposited and retained. Subject to retained and invested in accordance with the terms of the related Mortgage Note and Mortgage, Loan. Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan or Serviced Whole Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Fiscal Agent, the Trustee and the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors earned interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan or Serviced Whole Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GMAC Commercial Mortgage Securities Inc. Series 2004-C2)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments with respect to the Mortgage Loans serviced hereunder shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Trustee and the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments with respect to the Mortgage Loans serviced hereunder shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan or Xxxxxxxx Fashion Center Companion Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Fiscal Agent, the Trustee and the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan or Xxxxxxxx Fashion Center Companion Loan. The Servicing Accounts shall not be considered part of the segregated pool of assets constituting REMIC I, and otherwise may retain such amountsREMIC II, REMIC III or the Grantor Trust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Each of the Master Servicer (or the Special Servicer with respect to the Specially Serviced Mortgage Loans) shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Trustee, the Master Servicer, Servicer and the Special Servicer, the Trustee or the Fiscal Agentin that order, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); (v) disburse Insurance Proceeds if required to be applied to the repair or restoration of the related Mortgaged Property; or (vvi) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.19.01. As part of its servicing duties, the Master Servicer and the Special Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan, and otherwise may retain such amounts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gmac Commercial Mortgage Securities Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Master Servicer shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agent, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer); or (v) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.1. As part of its servicing duties, the Master Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan, and otherwise may retain such amounts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)

Collection of Taxes, Assessments and Similar Items; Servicing Accounts and Reserve Accounts. (a) The Master Servicer shall establish and maintain one or more accounts (the "SERVICING ACCOUNTSServicing Accounts") ), into which all Escrow Payments shall be deposited and retained. Subject to the terms of the related Mortgage Note and Mortgage, Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected in respect of any Mortgage Loan (and interest earned thereon) from a Servicing Account may be made only to: (i) effect payment of real estate taxes, assessments, insurance premiums, ground rents (if applicable) and comparable items in respect of the related Mortgaged Property; (ii) reimburse the Master Servicer, the Special Servicer, the Trustee or the Fiscal Agent, as applicable, for any unreimbursed Servicing Advances and unreimbursed Advance Interest made thereby to cover any of the items described in the immediately preceding clause (i); (iii) refund to the related Mortgagor any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to the related Mortgagor on balances in the Servicing Account (or, if and to the extent not payable to the related Mortgagor, to pay such interest to the Master Servicer or Special Servicer, as applicable); or (v) clear and terminate the Servicing Account at the termination of this Agreement in accordance with Section 10.1. As part of its servicing duties, the Master Servicer shall pay or cause to be paid to the Mortgagors interest on funds in Servicing Accounts maintained thereby, to the extent required by law or the terms of the related Mortgage Loan, and otherwise may retain such amounts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)

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