Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R", the Pre-Funding Account which shall be titled "Pre-Funding Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R", each of which such Account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the Seller's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Funded Amount and (ii) in the Capitalized Interest Account, an amount equal to $174,835.85. (b) The Servicer may direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized. (c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.18; on the Servicer Distribution Date occurring on October, 1996 the Servicer will also deposit the Special Advance in the Certificate Account. (d) On the October 15, 1996, the November 15, 1996, the December 15, 1996 and the January 15, 1997 Distribution Dates, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date. (e) On the Distribution Date following the final Subsequent Transfer Date, or the January 15, 1997 Distribution Date, whichever is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such Distribution Date described in clause (d) above, shall be paid to the Seller, and the Capitalized Interest Account shall be closed. (f) On any Subsequent Transfer Date, the Seller shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the Seller. (g) If (x) the Pre-Funded Amount has not been reduced to zero by December 27, 1996 or (y) the Pre-Funded Amount has been reduced to $100,000 or less by the October 15, 1996 Distribution Date, or by the November 15, 1996 Distribution Date, or by the December 15, 1996 Distribution Date, in each case after giving effect to any reductions in the Pre-Funded Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings. (h) On the October 15, 1996, the November 15, 1996 and the December 15, 1996 Distribution Dates the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961998-21, Mortgage Pass-Through Certificates, Series 19961998-21, Class A A-1, Class X-0, Xxxxx X-0, Class A-4, Class A-5, Class A-6 and Class R", the Pre-Funding Account which shall be titled "Pre-Funding Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961998-21, Mortgage Pass-Through Certificates, Series 19961998-21, Class A A-1, Class X-0, Xxxxx X-0, Class A-4, Class A-5, Class A-6 and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961998-21, Mortgage Pass-Through Certificates, Series 19961998-21, Class A A-1, Class X-0, Xxxxx X-0, Class A-4, Class A-5, Class A-6 and Class R", each of which such Account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the Seller's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Pre-Funded Amount and (ii) in the Capitalized Interest Account, an amount equal to $174,835.85235,846.97.
(b) The Servicer may direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1860F(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized.
(c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.18; on the Servicer Distribution Date Dates occurring on OctoberMarch 1998, 1996 April 1998 and May 1998 the Servicer also will also deposit the First Special Advance Advance, Second or Third Special Advance, as applicable in the Certificate Account.
(d) On the October 15March 25, 19961998, the November 15April 25, 19961998, the December 15May 25, 1996 1998 Distribution Dates and June 12, 1998 with respect to the January 15June 25, 1997 1998 and July 25, 1998 Distribution DatesDate, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date.
(e) On the Distribution Date following either the final Subsequent Transfer DateDate or June 12, or the January 15, 1997 Distribution Date, 1998 whichever date is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such Distribution Date described in clause (d) above, shall be paid to the Seller, and the Capitalized Interest Account shall be closedAccount.
(f) On any Subsequent Transfer Date, the Seller shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Principal Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the Seller.
(g) If (x) the Trustee has received a written direction from the Seller by May 25, 1998 instructing it to close the Pre-Funded Amount has not been reduced to zero by December 27, 1996 Funding Account or (y) the Pre-Funded Funding Amount (exclusive of Pre-Funding Earnings) has been reduced to $100,000 or less by the October 15March 25, 1996 1998 Distribution Date, or by the November 15April 25, 1996 1998 Distribution Date, or by the December 15May 25, 1996 1998 Distribution Date, in each case Date after giving effect to any reductions in the Pre-Funded Funding Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account (for distribution as principal, pro rata, to the Holders of the Class A Certificates) the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings; if the Pre-Funding Amount has not been reduced to zero by June 12, 1998, and the remaining Pre-Funding Amount (exclusive of Pre-Funding Earnings) is (i) less than or equal to 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and deposit such amount into the Collection Account or (ii) greater than 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and distribute such amount to the Holders of the Class A Certificates, pro rata, as a payment of principal, in a special distribution on such date, the cost of such special distribution to be borne by the Seller.
(h) On the October 15March 25, 19961998, the November 15April 25, 1996 1998, the May 25, 1998, and the December 15June 12, 1996 1998 Distribution Dates the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Datedate.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R", the Pre-Funding Account which shall be titled "Pre-Funding Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R", each of which such Account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the Seller's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Pre-Funded Amount and (ii) in the Capitalized Interest Account, an amount equal to $174,835.85.
(b) The Servicer may direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized.
(c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.18; on the Servicer Distribution Date occurring on October, 1996 the Servicer will also deposit the Special Advance in the Certificate Account.
(d) On the October 15, 1996, the November 15, 1996, the December 15, 1996 and the January 15, 1997 Distribution Dates, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date.
(e) On the Distribution Date following the final Subsequent Transfer Date, or the January 15, 1997 Distribution Date, whichever is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such Distribution Date described in clause (d) above, shall be paid to the Seller, and the Capitalized Interest Account shall be closed.
(f) On any Subsequent Transfer Date, the Seller shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the Seller.
(g) If (x) the Pre-Funded Amount has not been reduced to zero by December 27, 1996 or (y) the Pre-Funded Amount has been reduced to $100,000 or less by the October 15, 1996 Distribution Date, or by the November 15, 1996 Distribution Date, or by the December 15, 1996 Distribution Date, in each case after giving effect to any reductions in the Pre-Funded Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings.
(h) On the October 15, 1996, the November 15, 1996 and the December 15, 1996 Distribution Dates the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/)
Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961997-21, Mortgage Pass-Through Certificates, Series 19961997-21, Class A A-1, Class A-2, Class A-3 and Class R", the Pre-Funding Account which shall be titled "Pre-Funding Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961997-21, Mortgage Pass-Through Certificates, Series 19961997-21, Class A A-1, Class A-2, Class A-3 and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961997-21, Mortgage Pass-Through Certificates, Series 19961997-21, Class A A-1, Class A-2, Class A-3 and Class R", each of which such Account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the Seller's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Pre-Funded Amount and (ii) in the Capitalized Interest Account, an amount equal to $174,835.85363,011.43.
(b) The Servicer may direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1860F(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized.
(c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.18; on the Servicer Distribution Date occurring on OctoberApril, 1996 1997 the Servicer also will also deposit the Special Advance in the Certificate Account.
(d) On the October April 15, 19961997, the November May 15, 19961997, the December June 15, 1996 1997 and the January July 15, 1997 Distribution Dates, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date.
(e) On the Distribution Date following the final Subsequent Transfer Date, or the January June 15, 1997 Distribution Date, whichever is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such Distribution Date described in clause (d) above, shall be paid to the Seller, and the Capitalized Interest Account shall be closed.
(f) On any Subsequent Transfer Date, the Seller shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Principal Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the Seller.
(g) If (x) the Pre-Funded Amount has not been reduced to zero by December 27June 15, 1996 1997 or (y) the Pre-Funded Amount has been reduced to $100,000 or less by the October April 15, 1996 1997 Distribution Date, or by the November May 15, 1996 1997 Distribution Date, or by the December June 15, 1996 1997 Distribution Date, in each case after giving effect to any reductions in the Pre-Funded Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account (for distribution as principal, pro rata, to the Holders of the Class A Certificates) the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings; provided, that, with respect to clause (x), if the Seller has delivered an Addition Notice indicating that the Pre-Funding Account will be reduced to zero by June 27, 1997, no such withdrawal from the Pre-Funding Account shall occur.
(h) On the October April 15, 19961997, the November May 15, 1996 1997 and the December June 15, 1996 1997 Distribution Dates the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961998-23, Mortgage Pass-Through Certificates, Series 19961998-2, Class A and Class R3", the Pre-Funding Account which shall be titled "Pre-Funding Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961998-23, Mortgage Pass-Through Certificates, Series 19961998-23", Class A and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961998-23, Mortgage Pass-Through Certificates, Series 19961998-2, Class A and Class R3", each of which such Account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the Unaffiliated Seller's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Pre-Funded Amount Amount, and (ii) in the Capitalized Interest Account, an amount equal to $174,835.85398,042.81.
(b) The Servicer may direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1860F(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized.
(c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.185.18 and any amounts required to be deposited in connection with a Subsequent Mortgage Loan pursuant to Section 2.03(f); on the Servicer Distribution Date Dates occurring on OctoberOctober 26, 1996 1998, and November 25, 1998 the Servicer also will also deposit the Special Advance in the Certificate Account.Advance;
(d) On the October 1525, 19961998, the November 1525, 19961998 and December 28, the December 15, 1996 and the January 15, 1997 1998 Distribution Dates, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date.
(e) On the Distribution Date following either the final Subsequent Transfer DateDate or November 30, or the January 15, 1997 Distribution Date, 1998 whichever date is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such in respect of the Distribution Date described in clause (d) above, shall be paid to the Unaffiliated Seller, and the Capitalized Interest Account shall be closed.
(f) On any Subsequent Transfer Date, the Unaffiliated Seller shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Principal Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Unaffiliated Seller upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the Unaffiliated Seller.
(g) If (x) the Pre-Funded Funding Amount has not been reduced to zero by December 27, 1996 or (y) the exclusive of Pre-Funded Amount Funding Earnings) has been reduced to $100,000 or less by September 30, 1998, by October 31, 1998, or November 30, 1998 then, on the October 1526, 1996 Distribution Date1998, or by the November 1525, 1996 1998 and December 28, 1998 Distribution DateDates, or by the December 15respectively, 1996 Distribution Date, in each case after giving effect to any reductions in the Pre-Funded Funding Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings; if the Pre-Funding Amount has not been reduced to zero by November 30, 1998, and the remaining Pre-Funding Amount (exclusive of Pre-Funding Earnings) is (i) less than or equal to 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and deposit such amount into the Collection Account or (ii) greater than 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and distribute such amount to the Holders of the Group I Certificates, pro rata, as a separate payment of principal, on the December 28, 1998 Distribution Date.
(h) On the October 1525, 19961998, the November 1525, 1996 1998 and the December 1528, 1996 1998 Distribution Dates the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Datedate.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961997-2, Mortgage Pass-Through Certificates, Series 19961997-2, Class A A-1, Class X-0, Xxxxx X-0, Class A-4, Class A-5, Class A-6 and Class R", the Pre-Funding Account which shall be titled "Pre-Funding Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961997-2, Mortgage Pass-Through Certificates, Series 19961997-2, Class A A-1, Class X-0, Xxxxx X-0, Class A-4, Class A-5, Class A-6 and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961997-2, Mortgage Pass-Through Certificates, Series 19961997-2, Class A A-1, Class X-0, Xxxxx X-0, Class A-4, Class A-5, Class A-6 and Class R", each of which such Account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the Seller's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Pre-Funded Amount and (ii) in the Capitalized Interest Account, an amount equal to $174,835.85410,713.04.
(b) The Servicer may direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1860F(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized.
(c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.18; on the Servicer Distribution Date occurring on October, 1996 October 1997 the Servicer also will also deposit the Special Advance in the Certificate Account.
(d) On the October 15, 19961997, the November 1517, 19961997, the December 15, 1996 1997 and December 29, 1997 with respect to the January 15, 1997 1998 Distribution Dates, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date.
(e) On the Distribution Date following the final Subsequent Transfer Date, or the January 15December 29, 1997 Distribution Date1997, whichever is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such Distribution Date described in clause (d) above, shall be paid to the Seller, and the Capitalized Interest Account shall be closed.
(f) On any Subsequent Transfer Date, the Seller shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Principal Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the Seller.
(g) If (x) the Trustee has received a written direction from the Seller by December 15, 1997 instructing it to close the Pre-Funded Amount has not been reduced to zero by December 27, 1996 Funding Account or (y) the Pre-Funded Funding Amount (exclusive of Pre-Funding Earnings) has been reduced to $100,000 or less by the October 15, 1996 1997 Distribution Date, or by the November 1517, 1996 1997 Distribution Date, or by the December 15, 1996 1997 Distribution Date, in each case Date after giving effect to any reductions in the Pre-Funded Funding Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account (for distribution as principal, pro rata, to the Holders of the Class A Certificates) the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings; if the Pre-Funding Amount has not been reduced to zero by December 29, 1997, and the remaining Pre-Funding Amount (exclusive of Pre-Funding Earnings) is (i) less than or equal to 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and deposit such amount into the Collection Account or (ii) greater than 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and distribute such amount to the Holders of the Class A Certificates, pro rata, as a payment of principal, in a special distribution on such date, the cost of such special distribution to be borne by the Seller.
(h) On the October 15, 19961997, the November 1517, 1996 and 1997, the December 15, 1996 1997 Distribution Dates and December 29, 1997 the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Datedate.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19962001-21, Mortgage Pass-Through Certificates, Series 19962001-2, Class A and Class R", the Pre-Funding Account 1" which shall be titled "Pre-Funding Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R", each of which such Account account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the Unaffiliated Seller's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Funded Amount and (ii) in the Capitalized Interest Reserve Account, an amount equal to $174,835.85800,000. Amounts on deposit in the Interest Reserve Account shall be invested by the Trustee, at the direction of the Servicer in Permitted Investments. Any such Permitted Investment shall mature no later than the Servicer Distribution Date. All income realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such Permitted Investment shall be deposited in the Interest Reserve Account by the Servicer out if its own funds immediately as realized.
(b) The Servicer may shall direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. Any such Permitted Investment shall mature no later than one Business Day prior to the Distribution Date. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1860F(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized.
(c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.18; on the Servicer Distribution Date occurring on October, 1996 the Servicer will also deposit the Special Advance in the Certificate Account.
(d) On the October 15, 1996, the November 15, 1996, the December 15, 1996 and the January 15, 1997 Distribution Dates, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date.
(e) On the Distribution Date following the final Subsequent Transfer Date, or the January 15, 1997 Distribution Date, whichever is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such Distribution Date described in clause (d) above, shall be paid to the Seller, and the Capitalized Interest Account shall be closed.
(f) On any Subsequent Transfer Date, the Seller shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the Seller.
(g) If (x) the Pre-Funded Amount has not been reduced to zero by December 27, 1996 or (y) the Pre-Funded Amount has been reduced to $100,000 or less by the October 15, 1996 Distribution Date, or by the November 15, 1996 Distribution Date, or by the December 15, 1996 Distribution Date, in each case after giving effect to any reductions in the Pre-Funded Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings.
(h) On the October 15, 1996, the November 15, 1996 and the December 15, 1996 Distribution Dates the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19962001-21, Mortgage Pass-Through Certificates, Series 19962001-2, Class A and Class R", the Pre-Funding Account 1 which shall be titled "Pre-Funding Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R", each of which such Account account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the Unaffiliated Seller's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Funded Amount and (ii) in the Capitalized Interest Reserve Account, an amount equal to $174,835.85800,000. Amounts on deposit in the Interest Reserve Account shall be invested by the Trustee, at the direction of the Servicer in Permitted Investments. Any such Permitted Investment shall mature no later than the Servicer Distribution Date. All income realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such Permitted Investment shall be deposited in the Interest Reserve Account by the Servicer out if its own funds immediately as realized.
(b) The Servicer may shall direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. Any such Permitted Investment shall mature no later than one Business Day prior to the Distribution Date. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1860F(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized.
(c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.18; on the Servicer Distribution Date occurring on October, 1996 the Servicer will also deposit the Special Advance in the Certificate Account.
(d) On the October 15, 1996, the November 15, 1996, the December 15, 1996 and the January 15, 1997 Distribution Dates, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date.
(e) On the Distribution Date following the final Subsequent Transfer Date, or the January 15, 1997 Distribution Date, whichever is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such Distribution Date described in clause (d) above, shall be paid to the Seller, and the Capitalized Interest Account shall be closed.
(f) On any Subsequent Transfer Date, the Seller shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the Seller.
(g) If (x) the Pre-Funded Amount has not been reduced to zero by December 27, 1996 or (y) the Pre-Funded Amount has been reduced to $100,000 or less by the October 15, 1996 Distribution Date, or by the November 15, 1996 Distribution Date, or by the December 15, 1996 Distribution Date, in each case after giving effect to any reductions in the Pre-Funded Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings.
(h) On the October 15, 1996, the November 15, 1996 and the December 15, 1996 Distribution Dates the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Business Financial Services Inc /De/)
Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961998-2, Mortgage Pass-Through Certificates, Series 19961998-2, Class A and Class R", the Pre-Funding Account which shall be titled "Pre-Funding Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961998-2, Mortgage Pass-Through Certificates, Series 19961998-2", Class A and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank, as trustee for the registered holders of ABFS Mortgage Loan Trust 19961998-2, Mortgage Pass-Through Certificates, Series 19961998-2, Class A and Class R", each of which such Account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the Seller's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Pre-Funded Amount Amount, and (ii) in the Capitalized Interest Account, an amount equal to $174,835.85$ 144,164.39.
(b) The Servicer may direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1860F(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized.
(c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.185.18 and any amounts required to be deposited in connection with a Subsequent Mortgage Loan pursuant to Section 2.03(f); on the Servicer Distribution Date Dates occurring on OctoberJuly 1998, 1996 the Servicer also will also deposit the Special Advance in the Certificate Account.Advance;
(d) On the October 15July 25, 19961998 and August 25, the November 15, 1996, the December 15, 1996 and the January 15, 1997 1998 Distribution Dates, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date.
(e) On the Distribution Date following either the final Subsequent Transfer DateDate or July 31, or the January 15, 1997 Distribution Date, 1998 whichever date is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such Distribution Date described in clause (d) above, shall be paid to the Seller, and the Capitalized Interest Account shall be closedAccount.
(f) On any Subsequent Transfer Date, the Seller shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Principal Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the Seller.
(g) If (x) the Pre-Funded Funding Amount has not been reduced to zero by December 27, 1996 or (y) the exclusive of Pre-Funded Amount Funding Earnings) has been reduced to $100,000 or less by June 30, 1998, then, on the October 15July 25, 1996 1998 Distribution Date, or by the November 15, 1996 Distribution Date, or by the December 15, 1996 Distribution Date, in each case Date after giving effect to any reductions in the Pre-Funded Funding Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings; if the Pre-Funding Amount has not been reduced to zero by July 31, 1998, and the remaining Pre-Funding Amount (exclusive of Pre-Funding Earnings) is (i) less than or equal to 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and deposit such amount into the Collection Account or (ii) greater than 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and distribute such amount to the Holders of the Class A Certificates, pro rata, as a separate payment of principal, on the August 25, 1998 Distribution Date.
(h) On the October 15July 25, 1996, the November 15, 1996 1998 and the December 15August 25, 1996 1998, Distribution Dates the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Datedate.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Establishment of Accounts; Withdrawals from Accounts; Deposits to the Certificate Account. (a) The Trustee shall establish and maintain the Certificate Account which shall be titled "Certificate Account, The Chase Manhattan Bank_______, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2_______, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R_____", the Pre-Funding Account which shall be titled "Pre-Funding Account, The Chase Manhattan Bank_______, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2_______, Mortgage Pass-Through Certificates, Series 1996-2_______", Class A and Class R" and the Capitalized Interest Account which shall be titled "Capitalized Interest Account, The Chase Manhattan Bank_______, as trustee for the registered holders of ABFS Mortgage Loan Trust 1996-2_______, Mortgage Pass-Through Certificates, Series 1996-2, Class A and Class R_______", each of which such Account shall be an Eligible Account. Upon receipt of the proceeds of the sale of the Certificates, on the Closing Date, the Trustee shall, upon the SellerDepositor's direction, from the proceeds of the sale of the Certificates, deposit, on behalf of the Certificateholders (i) in the Pre-Funding Account, the Original Pre- Pre-Funded Amount Amount, and (ii) in the Capitalized Interest Account, an amount equal to $174,835.85_______.
(b) The Servicer may direct the Trustee in writing to invest the funds in the Certificate Account only in Permitted Investments. No Permitted Investment shall be sold or disposed of at a gain prior to maturity unless the Servicer has delivered to the Trustee an Opinion of Counsel (at the Servicer's expense) that such sale or disposition will not cause the Trust Fund to be subject to the tax on income from prohibited transactions imposed by Code Section 86OF(a)(1860F(a)(1), otherwise subject the Trust Fund to tax or cause the Trust Fund to fail to qualify as a REMIC and the Certificate Insurer consents to such disposition. All income (other than any gain from a sale or disposition of the type referred to in the preceding sentence) realized from any such Permitted Investment shall be for the benefit of the Servicer as additional servicing compensation. The amount of any losses incurred in respect of any such investments shall be deposited in the Certificate Account by the Servicer out of its own funds immediately as realized.
(c) On each Servicer Distribution Date, the Servicer shall cause to be deposited in the Certificate Account, from funds on deposit in the Collection Account, (a) an amount equal to the Servicer Remittance Amount and (b) Net Foreclosure Profits, if any with respect to the related Distribution Date, minus any portion thereof payable to the Servicer pursuant to Section 5.03. On each Servicer Distribution Date, the Servicer shall also deposit into the Certificate Account any Periodic Advances with respect to the related Distribution Date calculated in accordance with Section 5.185.18 and any amounts required to be deposited in connection with a Subsequent Mortgage Loan pursuant to Section 2.03(f); on the Servicer Distribution Date Dates occurring on October_________, 1996 the Servicer also will also deposit the Special Advance in the Certificate Account.Advance;
(d) On the October 15, 1996, the November 15, 1996, the December 15, 1996 _______ and the January 15, 1997 _______ Distribution Dates, the Trustee shall transfer from the Capitalized Interest Account to the Certificate Account the Capitalized Interest Requirement, if any, for such Distribution Date.
(e) On the Distribution Date following either the final Subsequent Transfer Date, Date or the January 15, 1997 Distribution Date, _______ whichever date is earlier, any amounts remaining in the Capitalized Interest Account, after taking into account the transfers on such Distribution Date described in clause (d) above, shall be paid to the SellerDepositor, and the Capitalized Interest Account shall be closedAccount.
(f) On any Subsequent Transfer Date, the Seller Depositor shall instruct in writing the Trustee to withdraw from the Pre-Funding Account an amount equal to 100% of the aggregate Loan Principal Balances as of the related Subsequent Cut-Off Date of the Subsequent Mortgage Loans sold to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Seller Depositor upon satisfaction of the conditions set forth in Section 2.03(b) and (c) hereof with respect to such transfer. The Trustee may conclusively rely on such written instructions from the SellerDepositor.
(g) If (x) the Pre-Funded Funding Amount has not been reduced to zero by December 27, 1996 or (y) the exclusive of Pre-Funded Amount Funding Earnings) has been reduced to $100,000 or less by ___________, then, on the October 15, 1996 _________ Distribution Date, or by the November 15, 1996 Distribution Date, or by the December 15, 1996 Distribution Date, in each case Date after giving effect to any reductions in the Pre-Funded Funding Amount on such date, the Trustee shall withdraw from the Pre-Funding Account on such date and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account other than any Pre-Funding Earnings; if the Pre-Funding Amount has not been reduced to zero by _______, and the remaining Pre-Funding Amount (exclusive of Pre-Funding Earnings) is (i) less than or equal to 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and deposit such amount into the Collection Account or (ii) greater than 1% of the Pool Principal Balance on such date, the Trustee shall withdraw from the Pre-Funding Account the amount on deposit therein, other than the Pre-Funding Earnings, and distribute such amount to the Holders of the Class A Certificates, pro rata, as a separate payment of principal, on the _______ Distribution Date.
(h) On the October 15, 1996, the November 15, 1996 _______ and the December 15_______, 1996 Distribution Dates the Trustee shall transfer from the Pre-Funding Account to the Certificate Account the Pre-Funding Earnings, if any, applicable to each such Distribution Datedate.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)