Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accounts, if necessary. Each Collection Account shall be an Eligible Account. Funds deposited in the Collection Account may be withdrawn by the Servicer in accordance with Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practices, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date: (i) all payments on account of principal on the Mortgage Loans, including all Principal Prepayments; (ii) [Reserved]; (iii) all payments on account of interest on the Mortgage Loans minus all Servicing Fees attributable thereto; (iv) all Liquidation Proceeds; (v) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein); (vi) all Condemnation Proceeds that are not applied to the restoration or repair of the Mortgaged Property or release to the Mortgagor; (vii) any amount required to be deposited in the Collection Account pursuant to Section 3.01, 3.08 or 3.10 herein: (viii) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy; (ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and (x) any amounts received with respect to or related to any REO Property or REO Disposition Proceeds. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue to the benefit of the Servicer and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the Servicer.
Appears in 17 contracts
Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accounts, if necessary. Each Collection Account shall be an Eligible Account. Funds deposited in the Collection Account may be withdrawn by the Servicer in accordance with Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practices, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
(i) all payments on account of principal on the Mortgage Loans, including all Principal Prepayments;
(ii) [Reserved];
(iii) all payments on account of interest on the Mortgage Loans minus all Servicing Fees attributable thereto;
(iv) all Liquidation Proceeds;
(v) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein);
(vi) all Condemnation Proceeds that are not applied to the restoration or repair of the Mortgaged Property or release to the Mortgagor;
(vii) any amount required to be deposited in the Collection Account pursuant to Section 3.01, 3.08 or 3.10 herein:
(viii) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's ’s own funds; and
(x) any amounts received with respect to or related to any REO Property or REO Disposition Proceeds. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue to the benefit of the Servicer and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the Servicer.
Appears in 9 contracts
Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accounts, if necessary. Each Collection Account shall be an Eligible Account. Funds deposited in the Collection Account may be withdrawn by the Servicer in accordance with Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practices, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
(i) all payments on account of principal on the Mortgage Loans, including all Principal Prepayments;
(ii) [Reserved];
(iii) all payments on account of interest on the Mortgage Loans minus all Servicing Fees attributable thereto;
(iv) all Liquidation Proceeds;
(v) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein);
(vi) all Condemnation Proceeds that are not applied to the restoration or repair of the Mortgaged Property or release to the Mortgagor;
(vii) any amount required to be deposited in the Collection Account pursuant to Section 3.01, 3.08 3.08, 3.10 or 3.10 4.03 herein:
(viii) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's ’s own funds; and
(x) any amounts received with respect to or related to any REO Property or REO Disposition Proceeds. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue to the benefit of the Servicer and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the Servicer.
Appears in 5 contracts
Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-10sl), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-4sl), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-14sl)
Establishment of and Deposits to Collection Account. The Servicer shall establish and maintain the Collection Account in the name of the Trustee for the benefit of the Holders and shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more in such Collection Accounts, if necessaryAccount. Each The Collection Account shall be an Eligible Accountestablished and maintained with a Qualified Depository. Funds deposited in the The Collection Account may be withdrawn by maintained as an interest-bearing account (which may include a money market savings account), or the Servicer funds held therein may be invested from time to time in accordance with Eligible Investments subject to the provisions of Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein2.17 hereof. The Servicer shall deposit in or credit to the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesbasis, as applicable, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer DateServicer:
(i) all All payments on account of principal and interest received by the Servicer on the Mortgage LoansLoans (which, at its option, may be net of the Servicing Fee), including all Principal PrepaymentsPrepayments (in whole or in part);
(ii) [Reserved]All Liquidation Proceeds, net of expenses incurred in connection with any liquidation;
(iii) all payments on account of interest on the Mortgage Loans minus all Servicing Fees attributable thereto;
(iv) all Liquidation Proceeds;
(v) all All Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (received under any PMI Policy or title, hazard or other insurance policy covering any Mortgage Loan, other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein);
(vi) all Condemnation Proceeds that are not applied to the restoration or repair of the related Mortgaged Property or release to be refunded to the Mortgagor;
(iv) Any amounts required to be deposited or credited by the Servicer in connection with losses realized on investments for the benefit of the Servicer of funds held in the Collection Account;
(v) Any amounts required to be deposited or credited by the Servicer in connection with interest loss or deferral as a result of a failure to adjust a Mortgage Interest Rate or Monthly Payment under Section 2.15 hereof;
(vi) All rents collected on REO Properties; and
(vii) any amount All other amounts required to be deposited in or credited to the Collection Account pursuant to Section 3.01, 3.08 or 3.10 herein:
(viii) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(x) any amounts received with respect to or related to any REO Property or REO Disposition Proceeds. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Accountunder this Agreement. Any interest paid on funds deposited in the Collection Account by the depository institution related Qualified Depository shall accrue to the benefit of the Servicer Servicer, and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the Servicer2.11 hereof.
Appears in 2 contracts
Samples: Servicing Agreement (Main Place Funding LLC), Servicing Agreement (Main Place Funding LLC)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to establish with the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection AccountsCollateral Agent a single, if necessary. Each Collection Account segregated trust account which shall be an Eligible designated as the collection account (the “Collection Account. Funds deposited ”), which shall be held in trust in the Collection Account may be withdrawn by name of the Collateral Agent for the benefit of the Secured Parties, into which the Servicer in accordance with Section 3.05 herein. The creation shall from time to time deposit, within two (2) Business Days of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesreceipt thereof, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
Servicer: (ia) all payments on account of scheduled principal on the Mortgage LoansLoans (net of charges against such amounts allowed pursuant to Section 4.6(a) hereof), including all Principal Prepayments;
(ii) [Reserved];
(iiib) all prepayment penalties, prepayment premiums, and payments on account of interest on the Mortgage Loans minus (including all Servicing Fees attributable thereto;
Monthly Advances) (ivnet of charges against such amounts allowed pursuant to Sections 4.6(a) all Liquidation Proceeds;
and 4.6(c)(ii)(y) hereof and the last sentence of Section 4.6(d) hereof), (vc) any partial Principal Prepayments (but not any Principal Prepayments in full, which shall be deposited directly into the Collateral Account pursuant to the Security Agreement), (d) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein Sections 4.11 and 4.12 hereof (other than proceeds to be held in the Escrow Proceeds Account and applied to the restoration and or repair of the related Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 hereinthe Servicer’s Customary Servicing Procedures as specified in Section 4.15 hereof);
, (vie) all Condemnation Proceeds that which are not applied to the restoration or repair of the Mortgaged Property or release released to the Mortgagor;
(vii) any amount required to be deposited in the Collection Account Mortgagor pursuant to Section 3.014.15 hereof, 3.08 or 3.10 herein:
(viiif) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 4.12 hereof in connection with the deductible clause in any blanket hazard insurance policy;
, (ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(xg) any amounts received with respect to or related to any REO Property or and all REO Disposition Proceeds. The foregoing requirements for deposit into the Collection Account shall be exclusiveProceeds pursuant to Section 4.17 hereof, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not (h) all Monthly Interest Advances required to be deposited by pursuant to Section 5.2 hereof; and (i) any other amounts received with respect to or related to the Servicer into the Collection Account. Any Mortgage Loans, including but not limited to interest paid on funds deposited in the Collection Account or Proceeds Account, to the extent permitted by applicable law; provided, however, that all servicing related fees and charges described in Section 6.3(b) hereof may be retained by the depository institution Servicer as and when collected (but excluding any Excluded Amounts related to any HELOCs which shall accrue be allocated in accordance with Section 4.27 hereof). The Collection Account shall be established with a Qualified Depository acceptable to the benefit of Issuer. For so long as the Servicer and Security Agreement shall be in effect, the Collection Account shall be maintained with the Collateral Agent. Any funds deposited in the Collection Account shall at all times be fully insured to the full extent permitted under applicable law. The Servicer shall be entitled to retain and withdraw such any interest earnings on amounts on deposit from time to time in the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the ServicerAccount.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)
Establishment of and Deposits to Collection Account. The Servicer shall establish and maintain the Collection Account in the name of the Trustee for the benefit of the Holders and shall segregate and hold all funds collected and received pursuant to the Mortgage Loans Notes separate and apart from any of its own funds and general assets and shall establish and maintain one or more in such Collection Accounts, if necessaryAccount. Each The Collection Account shall be an Eligible Accountestablished and maintained with a Qualified Depository. Funds deposited in the The Collection Account may be withdrawn by maintained as an interest-bearing account (which may include a money market savings account), or the Servicer funds held therein may be invested from time to time in accordance with Eligible Investments subject to the provisions of Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein2.17 hereof. The Servicer shall deposit in or credit to the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesbasis, as applicable, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer DateServicer:
(i) all All payments on account of principal and interest received by the Servicer on the Mortgage LoansNotes (which, at its option, may be net of the Servicing Fee), including all Principal PrepaymentsPrepayments (in whole or in part);
(ii) [Reserved]All Liquidation Proceeds, net of expenses incurred in connection with any liquidation;
(iii) all payments on account of interest on the Mortgage Loans minus all Servicing Fees attributable thereto;
(iv) all Liquidation Proceeds;
(v) all All Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (received under any PMI Policy or title, hazard or other insurance policy covering any Mortgage Note, other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein);
(vi) all Condemnation Proceeds that are not applied to the restoration or repair of the related Mortgaged Property or release to be refunded to the Mortgagor;
(iv) Any amounts required to be deposited or credited by the Servicer in connection with losses realized on investments for the benefit of the Servicer of funds held in the Collection Account;
(v) Any amounts required to be deposited or credited by the Servicer in connection with interest loss or deferral as a result of a failure to adjust a Mortgage Interest Rate or Monthly Payment under Section 2.15 hereof;
(vi) All rents collected on REO Properties; and
(vii) any amount All other amounts required to be deposited in or credited to the Collection Account pursuant to Section 3.01, 3.08 or 3.10 herein:
(viii) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(x) any amounts received with respect to or related to any REO Property or REO Disposition Proceeds. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Accountunder this Agreement. Any interest paid on funds deposited in the Collection Account by the depository institution related Qualified Depository shall accrue to the benefit of the Servicer Servicer, and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the Servicer2.11 hereof.
Appears in 1 contract
Samples: Servicing Agreement (Main Place Real Estate Investment Trust /Md/)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accounts, if necessary. Each in the form of time deposit or demand accounts, titled "Wells Fargo Home Mortgage, Inc. in trust for [______________], as Indxxxxxe Trustee for Wells Fargo Home Equity Asset-Backed Securities 20 - Trust, Home Equixx Xxset-Backed Notes, Series 20 - ." The Collection Account shall be an Eligible AccountDeposit Account established with an Eligible Institution. Funds deposited in the Collection Account may be withdrawn drawn on by the Servicer in accordance with Section 3.05 herein3.04. The creation of any Collection Account shall be evidenced by a letter agreement certification in the form of Exhibit A attached hereto and incorporated hereinC hereto. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practiceswithin one (1) Business Day of the Servicer's receipt, and retain therein, the following collections received by the Servicer and payments made by the Servicer after the Cut-off Date (other than scheduled payments of principal and interest due on or after before the related Closing Date through the Servicing Transfer Cut-off Date:):
(i) all payments on account of principal on the Mortgage Loans, including all Principal Prepayments;
(ii) [Reserved];
(iii) all payments on account of interest on the Mortgage Loans minus adjusted to the Net Mortgage Interest Rate;
(iii) all Servicing Fees attributable theretoPrepayment Charges;
(iv) all Liquidation Proceeds;
(v) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein 3.11 (other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 the related Mortgage Loan documents and 3.18 hereinAccepted Servicing Practices);
(vi) all Condemnation Proceeds that are not applied to the restoration or repair of the Mortgaged Property or release released to the MortgagorMortgagor in accordance with the related Mortgage Loan documents and Accepted Servicing Practices;
(vii) any amount required to be deposited in the Collection Account pursuant to Section 3.01, 3.08 or 3.10 herein:this Agreement;
(viii) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal PrepaymentPrepayment in full, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; andfunds without reimbursement therefor up to a maximum amount per month of the Servicing Fee actually received for such month for the Mortgage Loans;
(ix) all Advances made by the Servicer pursuant to Section 4.03;
(x) any amounts received from the seller of a Mortgage Loan or any other person giving representations and warranties with respect to the Mortgage Loan, in connection with the repurchase of any Mortgage Loan;
(xi) any amounts required to be deposited by the Servicer pursuant to Section 3.11 in connection with the deductible clause in any blanket hazard insurance policy;
(xii) any amounts received with respect to or related to any REO Property or REO Disposition Proceeds;
(xiii) any amounts required to be deposited by the Servicer pursuant to Section 3.16 in connection with any unpaid claims that are a result of a breach by the Servicer or any subservicer of the obligations hereunder or under the terms of a PMI Policy;
(xiv) any amounts received by the Servicer under a PMI or LPMI Policy; and
(xv) an amount from the Subsidy Account that when added to the Mortgagor's payment will equal the full monthly amount due under the related Mortgage Note. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of the Servicing Fees or Fee and Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue to the benefit of the Servicer and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein3.04. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, etc. shall accrue to the benefit of the Servicer.
Appears in 1 contract
Samples: Servicing Agreement (Wells Fargo Asset Securities Corp)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accountsa single, if necessary. Each Collection Account segregated trust account which shall be an Eligible designated as the Collection Account. Funds deposited , which shall be held in trust in the Collection Account may be withdrawn by name of the Administrative Agent for the benefit of the Owners, into which the Servicer in accordance with Section 3.05 herein. The creation shall from time to time deposit, within two Business Days of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesreceipt thereof, and retain therein, the following collections (the “Collections”) received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
Servicer: (ia) all payments on account of scheduled principal on the Mortgage Eligible Loans, including all Principal Prepayments;
; (ii) [Reserved];
(iiib) all payments on account of interest on the Mortgage Eligible Loans minus all Servicing Fees attributable thereto;
(ivincluding interest accrued and unpaid on the Eligible Loans prior to the applicable Closing Date); (c) any Principal Prepayments; (d) all Liquidation Proceeds;
; (ve) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein 4.11 (other than proceeds to be held in the Escrow Account and applied to the restoration and or repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 Accepted Servicing Practices as specified in Section 4.15 hereof), Section 4.12 and 3.18 herein);
Section 4.16 hereof; (vif) all Condemnation Proceeds that which are not applied to the restoration or repair of the Mortgaged Property or release released to the Mortgagor;
Mortgagor in accordance with Section 4.15 hereof; (viig) any amount required to be deposited in the Collection Account pursuant to Section 3.012.12, 3.08 3.3, 4.10, 6.2 or 3.10 herein:
7.1; (viiih) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 4.11 hereof in connection with the deductible clause in any blanket hazard insurance policy;
; (ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(xi) any amounts received with respect to or related to any REO Property or and all REO Disposition Proceeds. The foregoing requirements for deposit into Proceeds pursuant to Section 4.17 hereof; and (j) any other amounts received with respect to or related to the Collection Account shall be exclusive, it being understood mortgage loan including but not limited to late payment charges and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue or Escrow Account, to the benefit of extent permitted by applicable law. The Collection Account shall be established with a Qualified Depository acceptable to the Administrative Agent. Any funds deposited in the Collection Account shall at all times be fully insured to the full extent permitted under applicable law. Any interest earnings on amounts on deposit from time to time in the Collection Account shall be remitted to the Servicer in accordance with such arrangements, as shall be agreed upon by the Servicer and the Administrative Agent; provided that the Servicer shall be entitled deposit promptly from its own funds to retain and withdraw such interest from the Collection Account pursuant an amount equal to Section 3.05 herein. Additionally, any other benefit derived from loss incurred with respect to an investment of funds in the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the ServicerAccount.
Appears in 1 contract
Samples: Mortgage Loan Repurchase and Servicing Agreement (PHH Corp)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to establish with the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection AccountsCollateral Agent a single, if necessary. Each Collection Account segregated trust account which shall be an Eligible designated as the collection account (the “Collection Account. Funds deposited ”), which shall be held in trust in the Collection Account may be withdrawn by name of the Collateral Agent for the benefit of the Secured Parties, into which the Servicer in accordance with Section 3.05 herein. The creation shall from time to time deposit, within two (2) Business Days of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesreceipt thereof, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
Servicer: (ia) all payments on account of scheduled principal on the Mortgage LoansLoans (net of charges against such amounts allowed pursuant to Section 4.6(a) hereof), including all Principal Prepayments;
(ii) [Reserved];
(iiib) all prepayment penalties, prepayment premiums, and payments on account of interest on the Mortgage Loans minus (including all Servicing Fees attributable thereto;
Monthly Advances) (ivnet of charges against such amounts allowed pursuant to Sections 4.6(a) all Liquidation Proceeds;
and 4.6(c)(i)(y) hereof and the last sentence of Section 4.6(d) hereof), (vc) any partial Principal Prepayments (but not any Principal Prepayments in full, which shall be deposited directly into the Collateral Account pursuant to the Security Agreement), (d) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein Sections 4.11 and 4.12 hereof (other than proceeds to be held in the Escrow Proceeds Account and applied to the restoration and or repair of the related Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 hereinthe Servicer’s Customary Servicing Procedures as specified in Section 4.15 hereof);
, (vie) all Condemnation Proceeds that which are not applied to the restoration or repair of the Mortgaged Property or release released to the Mortgagor;
(vii) any amount required to be deposited in the Collection Account Mortgagor pursuant to Section 3.014.15 hereof, 3.08 or 3.10 herein:
(viiif) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 4.12 hereof in connection with the deductible clause in any blanket hazard insurance policy;
, (ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(xg) any amounts received with respect to or related to any REO Property or and all REO Disposition Proceeds. The foregoing requirements for deposit into the Collection Account shall be exclusiveProceeds pursuant to Section 4.17 hereof, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not (h) all Monthly Interest Advances required to be deposited by pursuant to Section 5.2 hereof; and (i) any other amounts received with respect to or related to the Servicer into the Collection Account. Any Mortgage Loans, including but not limited to interest paid on funds deposited in the Collection Account or Proceeds Account, to the extent permitted by applicable law; provided, however, that all servicing related fees and charges described in Section 6.3(b) hereof may be retained by the depository institution Servicer as and when collected (but excluding any Excluded Amounts related to any HELOCs which shall accrue be allocated in accordance with Section 4.27 hereof). The Collection Account shall be established with a Qualified Depository acceptable to the benefit of Purchaser. For so long as the Servicer and Security Agreement shall be in effect, the Collection Account shall be maintained with the Collateral Agent. Any funds deposited in the Collection Account shall at all times be fully insured to the full extent permitted under applicable law. The Servicer shall be entitled to retain and withdraw such any interest earnings on amounts on deposit from time to time in the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the ServicerAccount.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accountsa single, if necessary. Each Collection Account segregated trust account which shall be an Eligible designated as the Collection Account. Funds deposited , which shall be held in trust in the Collection Account may be withdrawn by name of the Collateral Agent for the benefit of the Secured Parties, into which the Servicer in accordance with Section 3.05 herein. The creation shall from time to time deposit, within two Business Days of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesreceipt thereof, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
Servicer: (ia) all payments on account of scheduled principal on the Mortgage Eligible Loans, including all Principal Prepayments;
; (ii) [Reserved];
(iiib) all payments on account of interest on the Mortgage Eligible Loans minus all Servicing Fees attributable thereto;
(ivincluding interest accrued on the Eligible Loans prior to the applicable Closing Date); (c) any Principal Prepayments; (d) all Liquidation Proceeds;
; (ve) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein 4.11 (other than proceeds to be held in the Escrow Account and applied to the restoration and or repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 Accepted Servicing Practices as specified in Section 4.15 hereof), Section 4.12 and 3.18 herein);
Section 4.16 hereof; (vif) all Condemnation Proceeds that which are not applied to the restoration or repair of the Mortgaged Property or release released to the Mortgagor;
Mortgagor in accordance with Section 4.15 hereof; (viig) any amount required to be deposited in the Collection Account pursuant to Section 3.013.3, 3.08 4.10, 6.2 or 3.10 herein:
7.1; (viiih) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 4.11 hereof in connection with the deductible clause in any blanket hazard insurance policy;
; (ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(xi) any amounts received with respect to or related to any REO Property or and all REO Disposition Proceeds. The foregoing requirements for deposit into Proceeds pursuant to Section 4.17 hereof; and (j) any other amounts received with respect to or related to the Collection Account shall be exclusive, it being understood mortgage loan including but not limited to late payment charges and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue or Escrow Account, to the benefit of extent permitted by applicable law. The Collection Account shall be established with a Qualified Depository acceptable to the Purchaser. For so long as the Security Agreement shall be in effect, the Collection Account shall be maintained with the Collateral Agent. Any funds deposited in the Collection Account shall at all times be fully insured to the full extent permitted under applicable law. Any interest earnings on amounts on deposit from time to time in the Collection Account shall be remitted to the Servicer in accordance with such arrangements, as shall be agreed upon by the Servicer and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the ServicerCollateral Agent.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (PHH Corp)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to on or in respect of the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more an account held in trust for the benefit of the Indenture Trustee and the Securityholders, bearing a designation clearly indicating that the amounts deposited thereto are held for the benefit of the Securityholders (the "Collection Accounts, if necessaryAccount"). Each The Collection Account shall be an Eligible AccountAccount and may include one or more sub-accounts. Funds deposited in the Collection Account that are not specifically designated for deposit into sub-accounts maintained as the Escrow Account under this Agreement may be withdrawn drawn on by the Servicer only in accordance with Section 3.05 herein5.05. The creation of any Collection Account shall be evidenced by a letter agreement in Servicer and the form of Exhibit A attached hereto and incorporated herein. The Special Servicer shall deposit in the Collection Account as soon as practicable, but in no event later than the close of business on a daily basis in accordance with the second Business Day after its Accepted Servicing Practices, and retain thereinreceipt thereof, the following collections received by the Servicer and payments made by or the Servicer on or Special Servicer, as applicable, after the related Closing Date through the Servicing Transfer Cut-off Date:
(i) all payments on account of principal on the Mortgage Loans, including all Principal Prepayments;
(ii) [Reserved];
(iii) all payments on account of interest on the Mortgage Loans minus Loans, adjusted to the related Net Mortgage Rate;
(iii) all Servicing Fees attributable theretoLiquidation Proceeds;
(iv) all Liquidation REO Proceeds;
(v) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein)Proceeds;
(vi) all Condemnation Proceeds that which are not to be applied to the restoration or repair of the Mortgaged Property or release to the Mortgagoras a Principal Prepayment;
(vii) any amount required to be deposited in without duplication, all payments of interest and principal received on the Collection Account pursuant to Section 3.01, 3.08 or 3.10 herein:Funding Note; and
(viii) any other amounts received in respect of any Mortgage Loan which amounts are not otherwise specifically designated herein, other than amounts Servicer or the Special Servicer, as applicable, is authorized to retain pursuant to Section 4.08; In addition, the Servicer and the Special Servicer shall each deposit in the Collection Account all payments required to be deposited made by the Servicer or the Special Servicer, as applicable, pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(x) any amounts received with respect to or related to any REO Property or REO Disposition Proceeds4.04(b). The foregoing requirements for deposit into in the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, actual payments from Mortgagors in the nature of Servicing Fees Escrow Payments, charges for beneficiary statements or Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue to the benefit of the Servicer demands, and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the Servicer.administrative fees or charges or amounts
Appears in 1 contract
Establishment of and Deposits to Collection Account. The Servicer shall establish and maintain the Collection Account in the name of the Owner for the benefit of the Owner and shall segregate and hold all funds collected and received pursuant to the Mortgage Loans Notes separate and apart from any of its own funds and general assets and shall establish and maintain one or more in such Collection Accounts, if necessaryAccount. Each The Collection Account shall be an Eligible Accountestablished and maintained with a Qualified Depository. Funds deposited in the The Collection Account may be withdrawn by maintained as an interest-bearing account (which may include a money market savings account), or the Servicer funds held therein may be invested from time to time in accordance with Eligible Investments subject to the provisions of Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein2.17 hereof. The Servicer shall deposit in or credit to the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesbasis, as applicable, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer DateServicer:
(i) all All payments on account of principal and interest received by the Servicer on the Mortgage LoansNotes (which, at its option, may be net of the Servicing Fee), including all Principal PrepaymentsPrepayments (in whole or in part);
(ii) [Reserved]All Liquidation Proceeds, net of expenses incurred in connection with any liquidation;
(iii) all payments on account of interest on the Mortgage Loans minus all Servicing Fees attributable thereto;
(iv) all Liquidation Proceeds;
(v) all All Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (received under any PMI Policy or title, hazard or other insurance policy covering any Mortgage Note, other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein);
(vi) all Condemnation Proceeds that are not applied to the restoration or repair of the related Mortgaged Property or release to be refunded to the Mortgagor;
(viiiv) any amount Any amounts required to be deposited or credited by the Servicer in connection with losses realized on investments for the benefit of the Servicer of funds held in the Collection Account;
(v) Any amounts required to be deposited or credited by the Servicer in connection with interest loss or deferral as a result of a failure to adjust a Mortgage Interest Rate or Monthly Payment under Section 2.15 hereof;
(vi) All other amounts required to be deposited in or credited to the Collection Account pursuant to Section 3.01, 3.08 or 3.10 herein:
(viii) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own fundsunder this Agreement; and
(xvii) any amounts received with respect to or related to any All rents collected on REO Property or REO Disposition Proceeds. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection AccountProperties. Any interest paid on funds deposited in the Collection Account by the depository institution related Qualified Depository shall accrue to the benefit of the Servicer Servicer, and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the Servicer2.11 hereof.
Appears in 1 contract
Samples: Servicing Agreement (Main Place Real Estate Investment Trust /Md/)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accountsa single, if necessary. Each Collection segregated Eligible Account which shall be an Eligible designated as the collection account (the “Collection Account. Funds deposited ”), which shall be held in trust in the Collection Account may be withdrawn by name of the Collateral Agent for the benefit of the Secured Parties, into which the Servicer in accordance with Section 3.05 herein. The creation shall from time to time deposit, within two (2) Business Days of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesreceipt thereof, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
Servicer: (ia) all payments on account of scheduled principal on the Mortgage LoansLoans (net of charges against such amounts allowed pursuant to Section 4.6(a) hereof), including all Principal Prepayments;
(ii) [Reserved];
(iiib) all payments on account of interest on the Mortgage Loans minus (including all Servicing Fees attributable thereto;
Monthly Servicer Advances) (ivnet of charges against such amounts allowed pursuant to Sections 4.6(a), 4.6(d) all Liquidation Proceeds;
and 4.6(e) hereof), (vc) any partial Principal Prepayments and any Prepayment Charges, (d) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein Sections 4.11 and 4.12 hereof (other than proceeds to be held in the Escrow Account and applied to the restoration and or repair of the related Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 hereinthe Servicer’s Customary Servicing Procedures as specified in Section 4.15 hereof);
, (vie) all Condemnation Proceeds that which are not applied to the restoration or repair of the Mortgaged Property or release released to the Mortgagor;
(vii) any amount required to be deposited in the Collection Account Mortgagor pursuant to Section 3.014.15 hereof, 3.08 or 3.10 herein:
(viiif) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 4.12 hereof in connection with the deductible clause in any blanket hazard insurance policy;
, (ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(xg) any amounts received with respect to or related to any REO Property or and all REO Disposition Proceeds. The foregoing requirements for deposit Proceeds hereof and (h) any other amounts received with respect to or related to the Mortgage Loans (other than Principal Prepayments in full, which shall be deposited into the Collection Account shall be exclusiveCollateral Account), it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need including but not be deposited by the Servicer into the Collection Account. Any limited to interest paid on funds deposited in the Collection Account Account, to the extent permitted by applicable law; provided, however, that all servicing related fees and charges described in Section 6.3(b) hereof may be retained by the depository institution shall accrue Servicer as and when collected and amounts received by the Servicer for the account of Mortgagors for the application towards the payment of taxes, insurance premiums, assessments and similar items to the benefit of extent payable by the Servicer and the Servicer related Mortgagor shall be entitled to retain and withdraw such interest from deposited in the related escrow account. For so long as the Security Agreement shall be in effect, the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from shall be maintained in the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit name of the ServicerCollateral Agent.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (Accredited Home Lenders Holding Co)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accountsa single, if necessary. Each Collection Account segregated trust account which shall be an Eligible designated as the Collection Account. Funds deposited , which shall be held in trust in the Collection Account may be withdrawn by name of the Administrative Agent for the benefit of the Owners, into which the Servicer in accordance with Section 3.05 herein. The creation shall from time to time deposit, within two Business Days of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesreceipt thereof, and retain therein, the following collections (the "Collections") received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
Servicer: (ia) all payments on account of scheduled principal on the Mortgage Eligible Loans, including all Principal Prepayments;
; (ii) [Reserved];
(iiib) all payments on account of interest on the Mortgage Eligible Loans minus all Servicing Fees attributable thereto;
(ivincluding interest accrued and unpaid on the Eligible Loans prior to the applicable Closing Date); (c) any Principal Prepayments; (d) all Liquidation Proceeds;
; (ve) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein 4.11 (other than proceeds to be held in the Escrow Account and applied to the restoration and or repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 Accepted Servicing Practices as specified in Section 4.15 hereof), Section 4.12 and 3.18 herein);
Section 4.16 hereof; (vif) all Condemnation Proceeds that which are not applied to the restoration or repair of the Mortgaged Property or release released to the Mortgagor;
Mortgagor in accordance with Section 4.15 hereof; (viig) any amount required to be deposited in the Collection Account pursuant to Section 3.012.12, 3.08 3.3, 4.10, 6.2 or 3.10 herein:
7.1; (viiih) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 4.11 hereof in connection with the deductible clause in any blanket hazard insurance policy;
; (ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(xi) any amounts received with respect to or related to any REO Property or and all REO Disposition Proceeds. The foregoing requirements for deposit into Proceeds pursuant to Section 4.17 hereof; and (j) any other amounts received with respect to or related to the Collection Account shall be exclusive, it being understood mortgage loan including but not limited to late payment charges and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue or Escrow Account, to the benefit of extent permitted by applicable law. The Collection Account shall be established with a Qualified Depository acceptable to the Administrative Agent. Any funds deposited in the Collection Account shall at all times be fully insured to the full extent permitted under applicable law. Any interest earnings on amounts on deposit from time to time in the Collection Account shall be remitted to the Servicer in accordance with such arrangements, as shall be agreed upon by the Servicer and the Administrative Agent; provided that the Servicer shall be entitled deposit promptly from its own funds to retain and withdraw such interest from the Collection Account pursuant an amount equal to Section 3.05 herein. Additionally, any other benefit derived from loss incurred with respect to an investment of funds in the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the ServicerAccount.
Appears in 1 contract
Samples: Mortgage Loan Repurchase and Servicing Agreement (PHH Corp)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accountsa single, if necessary. Each Collection Account segregated trust account which shall be an Eligible designated as the Collection Account. Funds deposited , which shall be held in trust in the Collection Account may be withdrawn by name of the Collateral Agent for the benefit of the Secured Parties, into which the Servicer in accordance with Section 3.05 herein. The creation shall from time to time deposit, within two Business Days of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesreceipt thereof, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
Servicer: (ia) all payments on account of scheduled principal on the Mortgage Eligible Loans, including all Principal Prepayments;
; (ii) [Reserved];
(iiib) all payments on account of interest on the Mortgage Eligible Loans minus all Servicing Fees attributable thereto;
(ivincluding interest accrued on the Eligible Loans prior to the applicable Closing Date); (c) any Principal Prepayments; (d) all Liquidation Proceeds;
; (ve) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein SECTION 4.11 (other than proceeds to be held in the Escrow Account and applied to the restoration and or repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 Accepted Servicing Practices as specified in SECTION 4.15 hereof), SECTION 4.12 and 3.18 herein);
SECTION 4.16 hereof; (vif) all Condemnation Proceeds that which are not applied to the restoration or repair of the Mortgaged Property or release released to the Mortgagor;
Mortgagor in accordance with SECTION 4.15 hereof; (viig) any amount required to be deposited in the Collection Account pursuant to Section 3.01SECTION 3.3, 3.08 4.10, 6.2 or 3.10 herein:
7.1; (viiih) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein SECTION 4.11 hereof in connection with the deductible clause in any blanket hazard insurance policy;
; (ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(xi) any amounts received with respect to or related to any REO Property or and all REO Disposition Proceeds. The foregoing requirements for deposit into Proceeds pursuant to SECTION 4.17 hereof; and (j) any other amounts received with respect to or related to the Collection Account shall be exclusive, it being understood mortgage loan including but not limited to late payment charges and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue or Escrow Account, to the benefit of extent permitted by applicable law. The Collection Account shall be established with a Qualified Depository acceptable to the Purchaser. For so long as the Security Agreement shall be in effect, the Collection Account shall be maintained with the Collateral Agent. Any funds deposited in the Collection Account shall at all times be fully insured to the full extent permitted under applicable law. Any interest earnings on amounts 52 on deposit from time to time in the Collection Account shall be remitted to the Servicer in accordance with such arrangements, as shall be agreed upon by the Servicer and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the ServicerCollateral Agent.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (PHH Corp)
Establishment of and Deposits to Collection Account. (a) On the Closing Date, the Trust Administrator shall open and shall thereafter maintain a segregated account held in trust in the name of the Securities Intermediary (the “Collection Account”), entitled “Collection Account, _________________________________, as Indenture Trustee, in trust for Holders of the [ ] 200__-[ ], Mortgage Backed Notes, Series 200_-__.” The Collection Account shall relate solely to the Notes issued by the Issuer, and funds deposited in the Collection Account shall not be commingled with any other monies.
(b) The Collection Account shall be an Eligible Account. If an existing Collection Account ceases to be an Eligible Account, the Trust Administrator shall establish a new Collection Account that is an Eligible Account within [10] days and transfer all funds and investment property on deposit in such existing Collection Account into such new Collection Account.
(c) The Trust Administrator shall give to the Servicer and the Indenture Trustee prior written notice of the name and address of the depository institution at which the Collection Account is maintained and the account number of such Collection Account. The Trust Administrator shall take such actions as are necessary to cause the depository institution holding the Collection Account to hold such account in the name of the Indenture Trustee. On each Payment Date, the entire amount on deposit in the Collection Account relating to the Mortgage Loans (subject to permitted withdrawals set forth in Section 4.08), other than amounts not included in Interest Remittance Amount or Principal Remittance Amount to be paid to Noteholders for such Payment Date, shall be applied to make the requested payment of principal and/or interest on each class of Notes. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accounts, if necessary. Each Collection Account shall be an Eligible Account. Funds deposited in the Collection Account may be withdrawn by the Servicer in accordance with Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesbasis, but not more than [two] Business Days after receipt by the Servicer and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Cut-off Date through (other than scheduled payments of principal and interest due on or before the Servicing Transfer related Cut-off Date), as applicable:
(i1) all payments on account of principal on the Mortgage Loans, including all Principal PrepaymentsPrepayments and all Prepayment Premiums;
(ii) [Reserved];
(iii2) all payments on account of interest on the Mortgage Loans minus all Servicing Fees attributable theretoadjusted to the Mortgage Loan Remittance Rate;
(iv3) all Liquidation ProceedsProceeds (net of Liquidation Expenses);
(v4) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein 4.09(f) (other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 hereinSection 4.09(f));
(vi5) all Condemnation Proceeds that are not applied to the restoration or repair of the Mortgaged Property or release released to the MortgagorMortgagor in accordance with Section 4.09(i);
(vii6) any with respect to each Principal Prepayment in full or in part, the Prepayment Interest Shortfall Amount, if any, for the month of payment. Such deposit shall be made from the Servicer’s own funds, without reimbursement therefor, up to a maximum amount required to be deposited per month in the Collection Account aggregate of the Servicing Fee, actually received for such month for the Mortgage Loans;
(7) all Advances made by the Servicer pursuant to Section 3.01, 3.08 or 3.10 herein:5.05;
(viii8) any amounts received from the Seller, the Depositor or any other person giving representations and warranties with respect to the Mortgage Loans, in connection with the repurchase of any Mortgage Loan;
(9) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 4.09(f) in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(x10) any amounts received with respect to or related to any REO Property or REO Disposition ProceedsProceeds pursuant to Section 4.09(j); and
(11) any other amounts required to be deposited in the Collection Account pursuant to this Agreement. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of the Servicing Fees or Fee, Prepayment Interest Excess Amounts and Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on The Servicer agrees that it shall not create, incur or subject any Mortgage Loans, or any funds that are deposited in any Collection Account or Escrow Account, or any funds that otherwise are or may become due or payable to or for the benefit of the Indenture Trustee, to any claim, lien, security interest, judgment, levy, writ of attachment or other encumbrance, nor assert by legal action or otherwise any claim or right of setoff against any Mortgage Loan or any funds collected on, or in connection with, a Mortgage Loan.
(d) Funds in the Collection Account may be invested by the depository institution Trust Administrator in Eligible Investments selected by and at the written direction of the Trust Administrator, which shall accrue mature not later than [one] Business Day prior to the next Payment Date (or on the Payment Date with respect to any Eligible Investment of the Trust Administrator or any other fund managed or advised by it or any Affiliate) and any such Eligible Investment shall not be sold or disposed of prior to its maturity. All such Eligible Investments shall be made in the name of the Servicer in trust for the benefit of the Indenture Trustee and the Noteholders. All income and gain realized from any Eligible Investment shall be for the benefit of the Servicer and shall be subject to its withdrawal or order from time to time, subject to Section 4.08 and shall not be part of the Trust Estate. The amount of any losses incurred in respect of any such investments shall be deposited in such Collection Account by the Servicer shall be entitled to retain and withdraw such interest from out of its own funds, without any right of reimbursement therefor, immediately as realized. The foregoing requirements for deposit in the Collection Account pursuant to Section 3.05 herein. Additionallyare exclusive, any other benefit derived from it being understood and agreed that, without limiting the generality of the foregoing, payments of interest on funds in the Collection Account associated with and payments in the receiptnature of late payment charges, disbursement assumption fees and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, other incidental fees and like sources, shall accrue charges relating to the benefit of Mortgage Loans need not be deposited by the ServicerServicer in the Collection Account and may be retained by the Servicer as additional servicing compensation. If the Servicer deposits in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from such Collection Account.
Appears in 1 contract
Establishment of and Deposits to Collection Account. (a) On the Closing Date, the Trust Administrator shall open and shall thereafter maintain a segregated account held in trust in the name of the Securities Intermediary (the "Collection Account"), entitled "Collection Account, _________________________________, as Indenture Trustee, in trust for Holders of the [ ] 200__-[ ], Mortgage Backed Notes, Series 200_-__." The Collection Account shall relate solely to the Notes issued by the Issuer, and funds deposited in the Collection Account shall not be commingled with any other monies.
(b) The Collection Account shall be an Eligible Account. If an existing Collection Account ceases to be an Eligible Account, the Trust Administrator shall establish a new Collection Account that is an Eligible Account within [10] days and transfer all funds and investment property on deposit in such existing Collection Account into such new Collection Account.
(c) The Trust Administrator shall give to the Servicer and the Indenture Trustee prior written notice of the name and address of the depository institution at which the Collection Account is maintained and the account number of such Collection Account. The Trust Administrator shall take such actions as are necessary to cause the depository institution holding the Collection Account to hold such account in the name of the Indenture Trustee. On each Payment Date, the entire amount on deposit in the Collection Account relating to the Mortgage Loans (subject to permitted withdrawals set forth in Section 4.08), other than amounts not included in Interest Remittance Amount or Principal Remittance Amount to be paid to Noteholders for such Payment Date, shall be applied to make the requested payment of principal and/or interest on each class of Notes. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accounts, if necessary. Each Collection Account shall be an Eligible Account. Funds deposited in the Collection Account may be withdrawn by the Servicer in accordance with Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesbasis, but not more than [two] Business Days after receipt by the Servicer and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Cut-off Date through (other than scheduled payments of principal and interest due on or before the Servicing Transfer related Cut-off Date), as applicable:
(i1) all payments on account of principal on the Mortgage Loans, including all Principal PrepaymentsPrepayments and all Prepayment Premiums;
(ii) [Reserved];
(iii2) all payments on account of interest on the Mortgage Loans minus all Servicing Fees attributable theretoadjusted to the Mortgage Loan Remittance Rate;
(iv3) all Liquidation ProceedsProceeds (net of Liquidation Expenses);
(v4) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein 4.09(f) (other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 hereinSection 4.09(f));
(vi5) all Condemnation Proceeds that are not applied to the restoration or repair of the Mortgaged Property or release released to the MortgagorMortgagor in accordance with Section 4.09(i);
(vii6) any with respect to each Principal Prepayment in full or in part, the Prepayment Interest Shortfall Amount, if any, for the month of payment. Such deposit shall be made from the Servicer's own funds, without reimbursement therefor, up to a maximum amount required to be deposited per month in the Collection Account aggregate of the Servicing Fee, actually received for such month for the Mortgage Loans;
(7) all Advances made by the Servicer pursuant to Section 3.01, 3.08 or 3.10 herein:5.05;
(viii8) any amounts received from the Seller, the Depositor or any other person giving representations and warranties with respect to the Mortgage Loans, in connection with the repurchase of any Mortgage Loan;
(9) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 4.09(f) in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(x10) any amounts received with respect to or related to any REO Property or REO Disposition ProceedsProceeds pursuant to Section 4.09(j); and
(11) any other amounts required to be deposited in the Collection Account pursuant to this Agreement. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of the Servicing Fees or Fee, Prepayment Interest Excess Amounts and Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on The Servicer agrees that it shall not create, incur or subject any Mortgage Loans, or any funds that are deposited in any Collection Account or Escrow Account, or any funds that otherwise are or may become due or payable to or for the benefit of the Indenture Trustee, to any claim, lien, security interest, judgment, levy, writ of attachment or other encumbrance, nor assert by legal action or otherwise any claim or right of setoff against any Mortgage Loan or any funds collected on, or in connection with, a Mortgage Loan.
(d) Funds in the Collection Account may be invested by the depository institution Trust Administrator in Eligible Investments selected by and at the written direction of the Trust Administrator, which shall accrue mature not later than [one] Business Day prior to the next Payment Date (or on the Payment Date with respect to any Eligible Investment of the Trust Administrator or any other fund managed or advised by it or any Affiliate) and any such Eligible Investment shall not be sold or disposed of prior to its maturity. All such Eligible Investments shall be made in the name of the Servicer in trust for the benefit of the Indenture Trustee and the Noteholders. All income and gain realized from any Eligible Investment shall be for the benefit of the Servicer and shall be subject to its withdrawal or order from time to time, subject to Section 4.08 and shall not be part of the Trust Estate. The amount of any losses incurred in respect of any such investments shall be deposited in such Collection Account by the Servicer shall be entitled to retain and withdraw such interest from out of its own funds, without any right of reimbursement therefor, immediately as realized. The foregoing requirements for deposit in the Collection Account pursuant to Section 3.05 herein. Additionallyare exclusive, any other benefit derived from it being understood and agreed that, without limiting the generality of the foregoing, payments of interest on funds in the Collection Account associated with and payments in the receiptnature of late payment charges, disbursement assumption fees and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, other incidental fees and like sources, shall accrue charges relating to the benefit of Mortgage Loans need not be deposited by the ServicerServicer in the Collection Account and may be retained by the Servicer as additional servicing compensation. If the Servicer deposits in the Collection Account any amount not required to be deposited therein, it may at any time withdraw such amount from such Collection Account.
Appears in 1 contract
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection AccountsAccounts in the name of Wells Fargo Bank Minnesota, if necessaryNatioxxx Xssociation, as trustee for the benefit of the Morgan Stanley Dean Witter Capitax X 0000-XXX0 Xxxxx Xxxxxxicateholders, in the form of demand accounts. Each The Collection Account shall be an Eligible Account. Funds deposited in the Collection Account may be withdrawn drawn on by the Servicer in accordance with Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein5.06. The Servicer shall deposit in the related sub-account of the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesbasis, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
(i) all payments on account of principal on the Mortgage Loans, including all Principal PrepaymentsPrepayments in Full;
(ii) [Reserved];
(iii) all payments on account of interest on the Mortgage Loans minus Loans;
(iii) all Servicing Fees attributable theretoLiquidation Proceeds and any amounts received with respect to REO Property;
(iv) all Liquidation REO Proceeds;
(v) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein)Proceeds;
(vi) all Condemnation Proceeds that are not applied to the restoration or repair of the Mortgaged Property or release to the Mortgagor;
(vii) any amount required to be deposited in the Collection Account pursuant to Section 3.01, 3.08 or 3.10 herein:
(viii) from any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own fundsEscrow Account; and
(xvii) any amounts received with respect to or related to any REO Property or REO Disposition Proceedsrepresenting investment losses, as provided in Section 5.07. The Servicer shall deposit the foregoing requirements for deposit into collections in the Collection Account shall be exclusive, it within forty-eight (48) hours of receipt thereof. It being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees prepayment or Ancillary Income late payment charges, penalty interest or assumption fees on the Mortgage Loans need not be deposited by the Servicer into in the Collection Account. Any interest paid on funds deposited In the event the Servicer shall deposit in the Collection Account by the depository institution shall accrue any amount not required to the benefit of the Servicer and the Servicer shall be entitled to retain and deposited therein, it may at any time withdraw such interest amount from the Collection Account pursuant to Section 3.05 herein. AdditionallyAccount, any other benefit derived from provision herein to the contrary notwithstanding. Funds in the Collection Account associated may only be invested in Eligible Investments in accordance with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, provisions set forth in Section 5.07. The Servicer shall accrue give notice in writing to the benefit Trustee of the Servicerlocation of the Collection Account and of any change thereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to establish with the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection AccountsCollateral Agent a single, if necessary. Each Collection Account segregated trust account which shall be an Eligible designated as the collection account (the “Collection Account. Funds deposited ”), which shall be held in trust in the Collection Account may be withdrawn by name of the Collateral Agent for the benefit of the Secured Parties, into which the Servicer in accordance with Section 3.05 herein. The creation shall from time to time deposit, within two (2) Business Days of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesreceipt thereof, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
Servicer: (ia) all payments on account of scheduled principal on the Mortgage LoansLoans (including the principal portion of all Monthly Advances) (net of charges against such amounts allowed pursuant to Section 4.6(a) hereof), including all Principal Prepayments;
(ii) [Reserved];
(iiib) all payments on account of interest on the Mortgage Loans minus (including the interest portion of all Servicing Fees attributable thereto;
Monthly Advances) (ivnet of charges against such amounts allowed pursuant to Sections 4.6(a) all Liquidation Proceeds;
and 4.6(c)(i)(y) hereof and the last sentence of Section 4.6(d) hereof), (vc) any partial or full Principal Prepayments, (d) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein Sections 4.11 and 4.12 hereof (other than proceeds to be held in the Escrow Proceeds Account and applied to the restoration and or repair of the related Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 hereinthe Servicer’s Customary Servicing Procedures as specified in Section 4.15 hereof);
, (vie) all Condemnation Proceeds that which are not applied to the restoration or repair of the Mortgaged Property or release released to the Mortgagor;
(vii) any amount required to be deposited in the Collection Account Mortgagor pursuant to Section 3.014.15 hereof, 3.08 or 3.10 herein:
(viiif) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 4.12 hereof in connection with the deductible clause in any blanket hazard insurance policy;
, (ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(xg) any amounts received with respect to or related to any REO Property or and all REO Disposition Proceeds. The foregoing requirements for deposit into Proceeds pursuant to Section 4.17 hereof, and (h) any other amounts received with respect to or related to the Collection Account shall be exclusiveMortgage Loans, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need including but not be deposited by the Servicer into the Collection Account. Any limited to interest paid on funds deposited in the Collection Account Account, to the extent permitted by applicable law; provided, however, that all servicing related fees and charges described in Section 6.3(b) hereof may be retained by the depository institution Servicer as and when collected. The Collection Account shall accrue be established with a Qualified Depository acceptable to the benefit of Purchaser. For so long as the Servicer and Security Agreement shall be in effect, the Collection Account shall be maintained with the Collateral Agent. Any funds deposited in the Collection Account shall at all times be fully insured to the full extent permitted under applicable law. The Servicer shall be entitled to retain and withdraw such any interest earnings on amounts on deposit from time to time in the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the ServicerAccount.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accounts, if necessary. Each Collection Account shall be an Eligible Account. Funds deposited in the Collection Account may be withdrawn by the Servicer in accordance with Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practices, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
(i) all payments on account of principal on the Mortgage Loans, including all Principal Prepayments;
(ii) [Reserved];
(iii) all payments on account of interest on the Mortgage Loans minus all Servicing Fees attributable thereto;
(iv) all Liquidation Proceeds;
(v) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (other than proceeds to be held in the Escrow Account and or applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein);
(vi) all Condemnation Proceeds that are not applied to the restoration or repair of the Mortgaged Property or release to the Mortgagor;
(vii) any amount required to be deposited in the Collection Account pursuant to Section 3.01, 3.08 3.08, 3.10 or 3.10 4.03 herein:
(viii) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution, net of any Prepayment Interest Excess and up to the Servicing Fee actually retained by Servicer for such Remittance Date. Such deposit shall be made from the Servicer's ’s own funds; and
(x) any amounts received with respect to or related to any REO Property or REO Disposition Proceeds. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution shall accrue to the benefit of the Servicer and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the Servicer.
Appears in 1 contract
Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-9sl)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Collection Accounts, if necessaryin the form of demand accounts. Each The Collection Account shall be an Eligible Account. Funds deposited in the Collection Account may be withdrawn drawn on by the Servicer in accordance with Section 3.05 herein. The creation of any Collection Account shall be evidenced by a letter agreement in the form of Exhibit A attached hereto and incorporated herein5.06. The Servicer shall deposit in the related sub-account of the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesbasis, and retain therein, the following collections received by the Servicer and payments made by the Servicer on or after the related Closing Date through the Servicing Transfer Date:
(i) all payments on account of principal on the Mortgage Loans, including all Principal PrepaymentsPrepayments in Full;
(ii) [Reserved];
(iii) all payments on account of interest on the Mortgage Loans minus Loans;
(iii) all Servicing Fees attributable theretoLiquidation Proceeds and any amounts received with respect to REO Property;
(iv) all Liquidation REO Proceeds;
(v) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein (other than proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 and 3.18 herein)Proceeds;
(vi) all Condemnation Proceeds that are not applied to the restoration or repair of the Mortgaged Property or release to the Mortgagor;
(vii) any amount required to be deposited in the Collection Account pursuant to Section 3.01, 3.08 or 3.10 herein:
(viii) from any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own fundsEscrow Account; and
(xvii) any amounts received with respect to or related to any REO Property or REO Disposition Proceedsrepresenting investment losses, as provided in Section 5.07. The Servicer shall deposit the foregoing requirements for deposit into collections in the Collection Account shall be exclusive, it within forty-eight (48) hours of receipt thereof. It being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees prepayment or Ancillary Income late payment charges, penalty interest or assumption fees on the Mortgage Loans need not be deposited by the Servicer into in the Collection Account. Any interest paid on funds deposited In the event the Servicer shall deposit in the Collection Account by the depository institution shall accrue any amount not required to the benefit of the Servicer and the Servicer shall be entitled to retain and deposited therein, it may at any time withdraw such interest amount from the Collection Account pursuant to Section 3.05 herein. AdditionallyAccount, any other benefit derived from provision herein to the contrary notwithstanding. Funds in the Collection Account associated may only be invested in Eligible Investments in accordance with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, provisions set forth in Section 5.07. The Servicer shall accrue give notice in writing to the benefit Trustee of the Servicerlocation of the Collection Account and of any change thereof.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)
Establishment of and Deposits to Collection Account. The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans a XXX separate and apart from any of its own funds and general assets and shall establish and maintain one or more collection accounts, in the form of time deposit or demand accounts, titled "Collection AccountsAccount, if necessary. Each in trust for the Purchaser, pursuant to that certain Sale and Servicing Agreement dated as of ______ [2000], by and between Bear Xxxxxxx Mortgage Capital Corporation and ________." The Collection Account shall be an Eligible Accountestablished with a Qualified Depository acceptable to the Purchaser. Any funds deposited in a Collection Account shall at all times be fully insured to the full extent permitted under applicable law or must be invested in Permitted Investments for the benefit of the Purchaser. Funds deposited in the Collection Account may be withdrawn drawn on by the Servicer in accordance with Section 3.05 herein5.5. The creation of any Collection Account shall be evidenced by a certification in the form of Exhibit E-1 hereto and a letter agreement in the form of Exhibit E-2 hereto shall be executed in connection herewith by such Depository, in the case of an account held by a depository other than ____. A attached hereto and incorporated hereincopy of such certification or letter agreement shall be furnished to the Purchaser as pledgee of the Collateral. The Servicer shall deposit in the Collection Account on a daily basis in accordance with its Accepted Servicing Practicesbasis, and retain therein, the following collections received by the Servicer and payments made by the Servicer after the Cut-off Date, other than payments of amounts due on or after before the related Closing Cut-off Date, or received by the Servicer prior to the Cut-off Date through the Servicing Transfer Datebut allocable to a period subsequent thereto:
(i1) all payments on account of principal on the Mortgage Loans, including all Principal PrepaymentsXXXx;
(ii) [Reserved];
(iii2) all payments on account of interest Stated Interest and Additional Interest on the Mortgage Loans minus all Servicing Fees attributable theretoXXXx, in the case of Stated Interest, adjusted to the Remittance Rate;
(iv3) all Liquidation Proceeds;
(v4) all Insurance Proceeds including amounts required to be deposited pursuant to Section 3.10 herein 5.10 (other than proceeds to be held in the Escrow Account and applied to the restoration and or repair of the Mortgaged Property or released to the Mortgagor in accordance with Sections 3.14 Section 5.14), Section 5.11 and 3.18 herein)Section 5.15;
(vi5) all Condemnation Proceeds that which are not applied to the restoration or repair of the Mortgaged Property or release released to the MortgagorMortgagor in accordance with Section 5.14;
(vii6) any amount required to be deposited in the Collection Account pursuant to Section 3.015.1, 3.08 5.9, 6.3, 7.1 or 3.10 herein:7.2;
(viii7) the Repurchase Price and any other amounts payable in connection with the repurchase of any XXX pursuant to Section 4.3 or 4.4 and all amounts required to be deposited by the Servicer in connection with a shortfall in principal amount of any Qualified Substitute XXX pursuant to Section 4.3;
(8) any amounts required to be deposited by the Servicer pursuant to Section 3.11 herein 5.11 in connection with the deductible clause in any blanket hazard insurance policy;
(ix) with respect to each Principal Prepayment, the Prepayment Interest Shortfall Amount, if any, for the month of distribution. Such deposit shall be made from the Servicer's own funds; and
(x9) any amounts received with respect to or related to any REO Property or and all REO Disposition ProceedsDistribution Proceeds pursuant to Section 5.16; and
(10) Prepayment Interest Shortfall in an amount not to exceed the Servicing Fee due to the Servicer. The foregoing requirements for deposit into the Collection Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments in the nature of Servicing Fees or Ancillary Income late payment charges need not be deposited by the Servicer into the Collection Account. Any interest paid on funds deposited in the Collection Account by the depository institution holding such Accounts or on Permitted Investments into which such amounts are invested shall accrue to the benefit of the Servicer and the Servicer shall be entitled to retain and withdraw such interest from the Collection Account pursuant to Section 3.05 herein. Additionally, any other benefit derived from the Collection Account associated with the receipt, disbursement and accumulation of principal, interest, taxes, hazard insurance, mortgage blanket insurance, and like sources, shall accrue to the benefit of the Servicer5.5.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Samco Mortgage Securities Corp)