Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges. (a) To the extent required by the related Mortgage Note and not violative of applicable law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than Olympus, "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Pass-Through Certificates, Series 2002-AR2", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee. (b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein: (i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and (ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. (c) Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes. (d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only: (i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; (ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder; (iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan; (iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note; (v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e); (vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and (vii) to clear and terminate such Escrow Account on the termination of this Agreement. (e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than Olympus, "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Home Equity Mortgage Pass-Through Certificates, Series 2002-AR2", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR25" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a related Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.06(b). Except with respect to WMMSC, the The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator Depositor and the Trustee.
(b) Each Servicer (other than Washington Mutual) shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within one Business Day of receipt, or, in the case of Washington Mutual, within two Business Days of receipt receipt, and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) . Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.06(c). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(dc) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to this Agreement with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e)3.09;
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mort Sec Corp Ho Eq Mo Tr 2002-5)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative in violation of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form each of time deposit or demand accountswhich shall be an Eligible Account, titled, "[Servicer's name], in the case of Servicers other than Olympus, trust for "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Home Equity Mortgage Pass-Through Certificates, Series 20022005-AR2", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR22 and various mortgagors" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a related Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.06(b). Except with respect to WMMSC, the The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator Depositor and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two one Business Days Day of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) . Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.06(c). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(dc) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to this Agreement with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e)3.09;
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and;
(vii) to clear and terminate such Escrow Account on the termination of this Agreement; and
(viii) to remove funds inadvertently placed in the Escrow Account by such Servicer.
(d) No later than the Closing Date, each Servicer shall establish and maintain a sub-account of the Collection Account titled "[Servicer's name], Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., Home Equity Mortgage Pass-Through Certificates, Series 2005-2". Each Servicer shall, on each Determination Date transfer from the related Collection Account to the related Simple Interest Excess Sub-Account all related Net Simple Interest Excess, if any, pursuant to Section 3.08(ix), and shall maintain a record of all such deposits.
(e) With respect to each Mortgage Loan, the applicable Each Servicer shall maintain accurate records reflecting withdraw amounts on deposit in the status of ground rents and taxes and any other item which may become a lien senior related Simple Interest Excess Sub-Account on each Determination Date for deposit to the lien related Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the related Net Simple Interest Shortfall for such Distribution Date.
(f) Each Servicer shall remit to the Trustee which shall thereupon distribute to the Class X-1 Certificateholder, based on the information provided to it by the Servicer, 90% of the balance in the related Simple Interest Excess Sub-Account on the Distribution Date each year occurring in March, commencing in March 2006. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, each Servicer shall clear and terminate the related Simple Interest Excess Sub-Account upon the termination of this Agreement and retain any funds remaining therein.
(g) Amounts on deposit in each Simple Interest Excess Sub-Account may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in each Simple Interest Excess Sub-Account shall be for the benefit of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage Servicer as servicing compensation and shall obtain, from time be remitted to time, all bills for it monthly. The amount of any net investment losses in the payment of Simple Interest Excess Sub-Account shall promptly be deposited by the related Servicer in such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination dateSimple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-2)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative in violation of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form each of time deposit or demand accountswhich shall be an Eligible Account, titled, "[Servicer's name], in the case of Servicers other than Olympus, trust for "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Home Equity Mortgage Pass-Through Certificates, Series 20022006-AR2", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR21 and various mortgagors" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a related Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.06(b). Except with respect All income and gain net of any losses realized from any such balances or investment of funds on deposit in an Escrow Account and any other benefit arising from the Escrow Account shall be for the benefit of the related Servicer as servicing compensation and shall be remitted to WMMSC, the it monthly as provided herein. The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator Depositor and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two one Business Days Day of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) . Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.06(c). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(dc) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to this Agreement with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e)3.09;
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and;
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.; and
(eviii) With respect to each Mortgage Loan, remove funds inadvertently placed in the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of Escrow Account by such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination dateServicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-1)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) . To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than Olympus, "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed CSFB Mortgage Pass-Through Certificates, Series 20022001-AR2", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2S6" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.06(b). Except with respect to WMMSC, the The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator Depositor and the Trustee.
(ba) Each The Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two one Business Days Day of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) Each . The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each The Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(db) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.06(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges; Simple Interest Excess Sub-Accounts; Deposits in Simple Interest Excess Sub-Accounts.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable each Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 20022001-AR2HE20", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each The Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each The Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by the Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. The Servicer assumes fill responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and the Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that the Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, the Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, Vesta shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to Vesta pursuant to Section 3.05.
(f) No later than the Closing Date, Vesta shall establish and maintain a sub-account of the Collection Account titled "Vesta, Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., CSFB ABS Trust Series 2001-HE20, CSFB Mortgage Pass-Through Certificates, Series 2001-HE20". Vesta shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(x), and shall maintain a record of all such deposits.
(g) Vesta shall withdraw amounts on deposit in the applicable Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(h) Vesta shall distribute to the Class X Certificateholder 90% of the balance in the applicable Simple Interest Excess Sub-Account on the Distribution Date each year occurring in August, commencing in October, 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, the Servicer shall clear and terminate the Simple Interest Excess Sub-Account upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of Vesta as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by Vesta in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001 He20)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than Olympus, "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Home Equity Mortgage Pass-Through Certificates, Series 20022003-AR2", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR26" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a related Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.06(b). Except with respect to WMMSC, the The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator Depositor and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two one Business Days Day of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) . Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.06(c). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.. 66
(dc) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to this Agreement with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e)3.09;
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates Series 2003-6)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments ------------------------------------------------------ of Taxes, --------- Insurance and Other Charges.; Simple Interest Excess ------------------------------------------------------ Sub-Accounts; Deposits in Simple Interest Excess ------------------------------------------------------ Sub-Accounts. ------------
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable each Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 2002-AR2HE16", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each Servicer shall make withdrawals from the related Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable each Servicer shall pay interest on escrowed funds to the applicable Mortgagor notwithstanding that the related Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by such Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the related Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. Each Servicer assumes full responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and each such Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that such Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, such Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, the Special Servicer shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to the Special Servicer pursuant to Section 3.03.
(f) No later than the Closing Date, Olympus shall establish and maintain a sub-account of the Collection Account titled "Olympus, Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., CSFB ABS Trust Series 2002-HE16, CSFB Mortgage Pass-Through Certificates, Series 2002-HE16". Olympus shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(x), and shall maintain a record of all such deposits.
(g) Olympus shall withdraw amounts on deposit in the applicable Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(h) Olympus shall distribute to the Class X Certificateholder 90% of the balance in the applicable Simple Interest Excess Sub-Account on the Distribution Date each year occurring in June, commencing in June 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, the Servicer shall clear and terminate the Simple Interest Excess Sub-Account upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of Olympus as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by Olympus in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2002 He16)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative in violation of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form each of time deposit or demand accountswhich shall be an Eligible Account, titled, "[Servicer's name], in the case of Servicers other than Olympus, trust for "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Home Equity Mortgage Pass-Through Certificates, Series 20022004-AR2", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR24 and various mortgagors" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-mortgage- backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.06(b). Except with respect to WMMSC, the The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator Depositor and the Trustee.
(b) Each The Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two one Business Days Day of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) Each . The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.06(c). Each The Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(dc) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to this Agreement with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e)3.09;
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and;
(vii) to clear and terminate such Escrow Account on the termination of this Agreement; and
(viii) to remove funds inadvertently placed in the Escrow Account by the Servicer.
(d) No later than the Closing Date, the Servicer shall establish and maintain a sub- account of the Collection Account titled "[Servicer's name], Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., Home Equity Mortgage Pass- Through Certificates, Series 2004-4 ". The Servicer shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.08(ix), and shall maintain a record of all such deposits.
(e) With respect The Servicer shall withdraw amounts on deposit in the Simple Interest Excess Sub- Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(f) The Servicer shall remit to the Trustee which shall thereupon distribute to the Class X-1 Certificateholder, based on the information provided to it by the Servicer, 90% of the balance in the Simple Interest Excess Sub-Account on the Distribution Date each Mortgage Loanyear occurring in December, commencing in December 2004. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, the applicable Servicer shall maintain accurate records reflecting clear and terminate the status Simple Interest Excess Sub-Account upon the termination of ground rents this Agreement and taxes retain any funds remaining therein.
(g) Amounts on deposit in the Simple Interest Excess Sub-Account may be invested in Eligible Investments. All income and gain net of any other item which may become a lien senior to losses realized from any such balances or investment of funds on deposit in the lien Simple Interest Excess Sub-Account shall be for the benefit of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage Servicer as servicing compensation and shall obtain, from time be remitted to time, all bills for it monthly. The amount of any net investment losses in the payment of Simple Interest Excess Sub-Account shall promptly be deposited by the Servicer in such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination dateSimple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2004-4)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Non-Designated Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than OlympusSPS and Xxxxx Fargo, "Credit Suisse First Boston Adjustable Rate Mortgage Securities Corp.Trust 2005-11, Adjustable Rate Mortgage-Backed Pass-Pass Through Certificates, Series 20022005-AR2", 11," in the case of OlympusXxxxx Fargo, "Olympus ServicingXxxxx Fargo Bank, L.P.N.A., as Trustee Servicer for Credit Suisse First Boston Adjustable Rate Mortgage Securities Corp. Trust 2005-11, Adjustable Rate Mortgage-Backed Pass-Pass Through Certificates, Series 20022005-AR211," in the case of SPS, "Select Portfolio Servicing, Inc., as Servicer for Adjustable Rate Mortgage Trust 2005-11, Adjustable Rate Mortgage-Backed Pass Through Certificates, Series 2005-11," in the case of Ocwen, "Ocwen Loan Servicing, LLC, as Servicer for Adjustable Rate Mortgage Trust 2005-11, Adjustable Rate Mortgage-Backed Pass Through Certificates, Series 2005-11," in the case of JPMorgan, "JPMorgan Chase Bank, N.A., as Servicer for Adjustable Rate Mortgage Trust 2005-11, Adjustable Rate Mortgage-Backed Pass Through Certificates, Series 2005-11," or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-mortgage backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Non-Designated Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged PropertyProperty related to a Non-Designated Mortgage Loan.
(c) Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-non interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer with respect to a related Non-Designated Mortgage Loan, but only from amounts received on the related Non-Designated Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Non-Designated Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Non-Designated Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property related to a Non-Designated Mortgage Loan in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related Servicer, or any Mortgagor related to a Non-Designated Mortgage Loan to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and;
(vii) to clear and terminate such Escrow Account on the termination of this Agreement; and
(viii) to remove funds inadvertently placed in the Escrow account by the related Servicer.
(e) With respect to each Non-Designated Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2005-11)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges; Simple Interest Excess Sub-Accounts; Deposits in Simple Interest Excess Sub-Accounts.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable each Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 20022001-AR2HE30", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each Servicer shall make withdrawals from the related Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable each Servicer shall pay interest on escrowed funds to the applicable Mortgagor notwithstanding that the related Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by such Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the related Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. Each Servicer assumes full responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and each such Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that such Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, such Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, the Special Servicer shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to the Special Servicer pursuant to Section 3.03.
(f) No later than the Closing Date, Olympus shall establish and maintain for each Loan Group, a sub-account of the Collection Account titled "Olympus, Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., CSFB ABS Trust Series 2001-HE30, CSFB Mortgage Pass-Through Certificates, Series 2001-HE30". Olympus shall, on each Determination Date transfer from the Collection Account to the related Simple Interest Excess Sub-Account, all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(x), and shall maintain a record of all such deposits.
(g) Olympus shall withdraw amounts on deposit in each Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Loan Group for such Distribution Date. Each such deposit shall be added to the Interest Remittance Amount for the related Loan Group.
(h) Olympus shall distribute to the Class X Certificateholder 90% of the balance in the Simple Interest Excess Sub-Account for Loan Group 1 and Loan Group 2 on the Distribution Date each year occurring in December, commencing in December 2002. Olympus shall distribute to the Class X-F Certificateholder 90% of the balance in the Simple Interest Excess Sub-Account for Loan Group 3 on the Distribution Date each year occurring in December, commencing in December 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, Olympus shall clear and terminate the Simple Interest Excess Sub-Accounts upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of Olympus as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by Olympus in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than Olympus, "Credit Vesta,"Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Pass-Through Certificates, Series 20022001-AR226", in the case of OlympusVesta, "Olympus Servicing, Vesta Servicing L.P., as Trustee Servicer for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 20022001-AR2" 26", or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than OlympusVesta, "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Pass-Through Certificates, Series 20022001-AR2AR24", in the case of OlympusVesta, "Olympus Vesta Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 20022001-AR2AR24" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d). Except with respect to WMMSC, the The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges; Simple Interest Excess Sub-Accounts; Deposits in Simple Interest Excess Sub-Accounts.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable each Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 20022001-AR2HE16", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each The Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each The Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by the Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. The Servicer assumes fill responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and the Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that the Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, the Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, Vesta shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to Vesta pursuant to Section 3.05.
(f) No later than the Closing Date, Vesta shall establish and maintain a sub-account of the Collection Account titled "Vesta, Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., CSFB ABS Trust Series 2001-HE16, CSFB Mortgage Pass-Through Certificates, Series 2001-HE16". Vesta shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(ix), and shall maintain a record of all such deposits.
(g) Vesta shall withdraw amounts on deposit in the applicable Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(h) Vesta shall distribute to the Class X Certificateholder 90% of the balance in the applicable Simple Interest Excess Sub-Account on the Distribution Date each year occurring in August, commencing in August, 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, the Servicer shall clear and terminate the Simple Interest Excess Sub-Account upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of Vesta as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by Vesta in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001-He16)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Non-Designated Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than OlympusSPS and Xxxxx Fargo, "Credit Suisse First Boston Adjustable Rate Mortgage Securities Corp.Trust 2006-1, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 20022006-AR2", 1," in the case of OlympusXxxxx Fargo, "Olympus ServicingXxxxx Fargo Bank, L.P.N.A., as Trustee Servicer for Credit Suisse First Boston Adjustable Rate Mortgage Securities Corp. Trust 2006-1, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 20022006-AR21," in the case of SPS, "Select Portfolio Servicing, Inc., as Servicer for Adjustable Rate Mortgage Trust 2006-1, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2006-1," or, if established and maintained by a Subservicer Sub-Servicer on behalf of the Master Servicer or a Servicer, "[SubservicerSub-Servicer's name], in trust for [Servicer's name]" or "[SubservicerSub-Servicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-mortgage backed pools. In the event that a Subservicer Sub-Servicer employs a subservicersub-servicer, the Escrow Accounts shall be titled "[name of SubservicerSub-Servicer's subservicersub-servicer] in trust for [SubservicerSub-Servicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Non-Designated Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged PropertyProperty related to a Non-Designated Mortgage Loan.
(c) Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-non interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer with respect to a related Non-Designated Mortgage Loan, but only from amounts received on the related Non-Designated Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Non-Designated Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Non-Designated Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property related to a Non-Designated Mortgage Loan in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related Servicer, or any Mortgagor related to a Non-Designated Mortgage Loan to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and;
(vii) to clear and terminate such Escrow Account on the termination of this Agreement; and
(viii) to remove funds inadvertently placed in the Escrow account by the related Servicer.
(e) With respect to each Non-Designated Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse Adjustable Rate Mortgage Trust 2006-1)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than Olympus, "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed CSFB Mortgage Pass-Through Certificates, Series 2002-AR2", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2S12" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a related Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.06(b). Except with respect to WMMSC, the The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator Depositor and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two one Business Days Day of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) . Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(dc) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.06(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges; Simple Interest Excess Sub-Accounts; Deposits in Simple Interest Excess Sub-Accounts.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 20022001-AR2HE17", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each The Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each The Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by the Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. The Servicer assumes fill responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and the Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that the Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, the Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, the Special Servicer shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to the Special Servicer pursuant to Section 3.05.
(f) No later than the Closing Date, the Servicer shall establish and maintain a sub-account of the Collection Account titled "Vesta Servicing L.P., Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., CSFB ABS Trust Series 2001-HE17, CSFB Mortgage Pass-Through Certificates, Series 2001-HE17". The Servicer shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(ix), and shall maintain a record of all such deposits.
(g) The Servicer shall withdraw amounts on deposit in the applicable Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(h) The Servicer shall distribute to the Class X Certificateholder 90% of the balance in the applicable Simple Interest Excess Sub-Account on the Distribution Date each year occurring in September, commencing in September 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, the Servicer shall clear and terminate the Simple Interest Excess Sub-Account upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of the Servicer as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by the Servicer in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass-Thru Cert Series 2001-He17)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges; Simple Interest Excess Sub-Accounts; Deposits in Simple Interest Excess Sub-Accounts.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 20022001-AR2S13", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by such Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the applicable Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. Each Servicer assumes fill responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and such Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that such Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, such Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, Calmco shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to Calmco pursuant to Section 3.05.
(f) No later than the Closing Date, each Servicer responsible for servicing Simple Interest Mortgage Loans will establish and maintain a sub-account of the Collection Account titled "[Servicer's name], Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., CSFB ABS Trust Series 2001-S13, CSFB Mortgage Pass-Through Certificates, Series 2001-S13". Such Servicer shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(ix), and shall maintain a record of all such deposits. On the Closing Date, Calmco shall be the sole Servicer responsible for servicing Simple Interest Mortgage Loans.
(g) Each Servicer shall withdraw amounts on deposit in the applicable Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(h) Calmco shall distribute to the Class S-X Certificateholder 90% of the balance in the applicable Simple Interest Excess Sub-Account on the Distribution Date each year occurring in June, commencing in June, 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, Calmco shall clear and terminate each related Simple Interest Excess Sub-Account upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of the related Servicer as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by the related Servicer in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative in violation of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form each of time deposit or demand accountswhich shall be an Eligible Account, titled, "[Servicer's name], in the case of Servicers other than Olympus, trust for "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Home Equity Mortgage Pass-Through Certificates, Series 20022005-AR2", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR21 and various mortgagors" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.06(b). Except with respect to WMMSC, the The creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator Depositor and the Trustee.
(b) Each The Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two one Business Days Day of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) Each . The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.06(c). Each The Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(dc) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to this Agreement with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e)3.09;
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and;
(vii) to clear and terminate such Escrow Account on the termination of this Agreement; and
(viii) to remove funds inadvertently placed in the Escrow Account by the Servicer.
(d) No later than the Closing Date, the Servicer shall establish and maintain a sub-account of the Collection Account titled "[Servicer's name], Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., Home Equity Mortgage Pass-Through Certificates, Series 2005-1". The Servicer shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.08(ix), and shall maintain a record of all such deposits.
(e) With respect The Servicer shall withdraw amounts on deposit in the Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(f) The Servicer shall remit to the Trustee which shall thereupon distribute to the Class X-1 Certificateholder, based on the information provided to it by the Servicer, 90% of the balance in the Simple Interest Excess Sub-Account on the Distribution Date each Mortgage Loanyear occurring in February, commencing in February 2006. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, the applicable Servicer shall maintain accurate records reflecting clear and terminate the status Simple Interest Excess Sub-Account upon the termination of ground rents this Agreement and taxes retain any funds remaining therein.
(g) Amounts on deposit in the Simple Interest Excess Sub-Account may be invested in Eligible Investments. All income and gain net of any other item which may become a lien senior to losses realized from any such balances or investment of funds on deposit in the lien Simple Interest Excess Sub-Account shall be for the benefit of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage Servicer as servicing compensation and shall obtain, from time be remitted to time, all bills for it monthly. The amount of any net investment losses in the payment of Simple Interest Excess Sub-Account shall promptly be deposited by the Servicer in such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination dateSimple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-1)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than Olympus, "Credit Suisse First Boston Mortgage Securities Corp., CSFB Mortgage-Backed PassPas-Through Certificates, Series 2002-AR218", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. CSFB Mortgage-Backed Pass-Through Certificates, Series 2002-AR218" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [[Master] Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [[Master] Servicer's name], its successors and assigns, for various owners of interest in [[Master] Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 X-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 X-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) Each The Master Servicer and each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the Master Servicer and the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certs Ser 2002 18)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than Olympus, "Credit Suisse First Boston Mortgage Securities Corp., CSFB Mortgage-Backed PassPas-Through Certificates, Series 2002-AR210", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. CSFB Mortgage-Backed Pass-Through Certificates, Series 2002-AR210" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [[Master] Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [[Master] Servicer's name], its successors and assigns, for various owners of interest in [[Master] Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 X-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 X-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) Each The Master Servicer and each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the Master Servicer and the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certificates Ser 2002 10)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges; Simple Interest Excess Sub-Accounts; Deposits in Simple Interest Excess Sub-Accounts.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable each Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 20022001-AR2HE22", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each Servicer shall make withdrawals from the related Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable each Servicer shall pay interest on escrowed funds to the applicable Mortgagor notwithstanding that the related Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by such Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the related Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. Each Servicer assumes full responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and each such Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that such Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, such Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, the Special Servicer shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to the Special Servicer pursuant to Section 3.03.
(f) No later than the Closing Date, Vesta shall establish and maintain a sub-account of the Collection Account titled "Vesta, Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., CSFB ABS Trust Series 2001-HE22, CSFB Mortgage Pass-Through Certificates, Series 2001-HE22". Vesta shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(x), and shall maintain a record of all such deposits.
(g) Vesta shall withdraw amounts on deposit in the applicable Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(h) Vesta shall distribute to the Class X Certificateholder 90% of the balance in the applicable Simple Interest Excess Sub-Account on the Distribution Date each year occurring in October, commencing in October, 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, the Servicer shall clear and terminate the Simple Interest Excess Sub-Account upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of Vesta as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by Vesta in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Abs Trust Series 2001-He22)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges; Simple Interest Excess Sub- Accounts; Deposits in Simple Interest Excess Sub-Accounts.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 20022001-AR2HE12", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each The Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each The Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each The Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by the Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. The Servicer assumes fill responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and the Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that the Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, the Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, Calmco shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to Calmco pursuant to Section 3.05.
(f) No later than the Closing Date, the Servicer shall establish and maintain a sub-account of the Collection Account titled "Calmco Servicing L.P., Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., CSFB ABS Trust Series 2001-HE12, CSFB Mortgage Pass-Through Certificates, Series 2001-HE12". The Servicer shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(ix), and shall maintain a record of all such deposits.
(g) The Servicer shall withdraw amounts on deposit in the applicable Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(h) The Servicer shall distribute to the Class X Certificateholder 90% of the balance in the applicable Simple Interest Excess Sub-Account on the Distribution Date each year occurring in June, commencing in June, 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, Calmco shall clear and terminate the Simple Interest Excess Sub-Account upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of the Servicer as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by the Servicer in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.; Simple Interest Excess Sub- Accounts; Deposits in Simple Interest Excess Sub-Accounts. ---------------------------------------------------------
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable each Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 2002-AR2HE1", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each Servicer shall make withdrawals from the related Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable each Servicer shall pay interest on escrowed funds to the applicable Mortgagor notwithstanding that the related Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by such Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the related Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. Each Servicer assumes full responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and each such Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that such Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, such Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, the Special Servicer shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to the Special Servicer pursuant to Section 3.03.
(f) No later than the Closing Date, Olympus shall establish and maintain a sub-account of the Collection Account titled "Olympus, Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Securities Corp., CSFB ABS Trust Series 2002-HE1, CSFB Mortgage Pass-Through Certificates, Series 2002-HE1". Olympus shall, on each Determination Date transfer from the Collection Account to the Simple Interest Excess Sub-Account all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(x), and shall maintain a record of all such deposits.
(g) Olympus shall withdraw amounts on deposit in the applicable Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Distribution Date.
(h) Olympus shall distribute to the Class X Certificateholder 90% of the balance in the applicable Simple Interest Excess Sub-Account on the Distribution Date each year occurring in February, commencing in February 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, the Servicer shall clear and terminate the Simple Interest Excess Sub-Account upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of Olympus as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by Olympus in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001-He1)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Non-Designated Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than OlympusSPS and Wells Fargo, "Credit Suisse First Boston Adjustable Rate Mortgage Securities Corp.Trust 2004-2, MortgageAdjustable Rate Morxxxxx-Backed Pass-Pass Through Certificates, Series 20022004-AR2", 2," in the case of OlympusWells Fargo, "Olympus ServicingWells Fargo Bank, L.P.N.A., as Trustee Servicer for Credit Suisse First Boston Mortgage Securities Corp. Adjustable Rate Moxxxxxe Trust 2000-0, Adjustable Rate Mortgage-Backed Pass-Pass Through Certificates, Series 20022004-AR22," in the case of SPS, "SPS Capital Corp., as Servicer for Adjustable Rate Mortgage Trust 2004-2, Adjustable Rate Mortgage-Backed Pass Through Certificates, Series 2004-2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-mortgage backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Non-Designated Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged PropertyProperty related to a Non-Designated Mortgage Loan.
(c) Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-non interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer with respect to a related Non-Designated Mortgage Loan, but only from amounts received on the related Non-Designated Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Non-Designated Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Non-Designated Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property related to a Non-Designated Mortgage Loan in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related Servicer, or any Mortgagor related to a Non-Designated Mortgage Loan to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and;
(vii) to clear and terminate such Escrow Account on the termination of this Agreement; and
(viii) to remove funds inadvertently placed in the Escrow account by the related Servicer.
(e) With respect to each Non-Designated Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Adjustable Rate Mortgage Trust 2004-2)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges.
(a) To the extent required by the related Mortgage Note and not violative of applicable law, the applicable Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, in the case of Servicers other than Olympus, "Credit Suisse First Boston Mortgage Securities Corp., Mortgage-Backed Pass-Through Certificates, Series 2002-AR2AR13", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2AR13" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [[Master] Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [[Master] Servicer's name], its successors and assigns, for various owners of interest in [[Master] Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 P-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 P-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property.
(c) Each The Master Servicer and each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagor. To the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the Master Servicer and related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e);
(vi) to pay to the related Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account; and
(vii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Insurance Policy premiums, and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Backed Pass Through Certificates Ser 2002-Ar13)
Establishment of and Deposits to Escrow Accounts. Permitted Withdrawals from Escrow Accounts; Payments of Taxes, Insurance and Other Charges; Simple Interest Excess Sub-Accounts; Deposits in Simple Interest Excess Sub-Accounts.
(a) To the extent required by the related Mortgage Note and not violative of applicable current law, the applicable each Servicer shall segregate and hold all funds collected and received pursuant to a Mortgage Loan constituting Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of time deposit or demand accounts, titled, "[Servicer's name], in the case of Servicers other than Olympus, "trust for various mortgagors related to Credit Suisse First Boston Mortgage Securities Acceptance Corp., Mortgage-Backed Mortgage Pass-Through Certificates, Series 2002-AR2HE4", in the case of Olympus, "Olympus Servicing, L.P., as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Mortgage-Backed Pass-Through Certificates, Series 2002-AR2" or, if established and maintained by a Subservicer on behalf of the Master Servicer or a Servicer, "[Subservicer's name], in trust for [Servicer's name]" or "[Subservicer's name], as agent, trustee and/or bailee of taxes and insurance custodial account for [Servicer's name], its successors and assigns, for various owners of interest in [Servicer's name] mortgage-backed pools. In the event that a Subservicer employs a subservicer, the Escrow Accounts shall be titled "[name of Subservicer's subservicer] in trust for [Subservicer's name]. The Escrow Accounts shall be Eligible Accounts. Funds deposited in the Escrow Account may be drawn on by the Master Servicer or the related Servicer in accordance with Section 3.06(d3.07(d). Except with respect to WMMSC, the creation of any Escrow Account shall be evidenced by a certification in the form of Exhibit Q-1 hereto, in the case of an account established with the Master Servicer or a Servicer, or by a letter agreement in the form of Exhibit Q-2 hereto, in the case of an account held by a depository other than the Master Servicer or a Servicer. A copy of such certification shall be furnished to the Depositor, the Trust Administrator and the Trustee.
(b) Each Servicer shall deposit or cause to be deposited in its Escrow Account or Accounts on a daily basis within two Business Days of receipt and retain therein:
(i) all Escrow Payments collected on account of the related Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; and
(ii) all amounts representing Insurance Proceeds which are to be applied to the restoration or repair of any related Mortgaged Property.
(c) Each Servicer shall make withdrawals from the related Escrow Account only to effect such payments as are required under this Agreement, as set forth in Section 3.06(d3.07(d). Each Servicer shall be entitled to retain any interest paid on funds deposited in the related Escrow Account by the depository institution, other than interest on escrowed funds required by law to be paid to the Mortgagorapplicable Mortgagors. To the extent required by law, the applicable each Servicer shall pay interest on escrowed funds to the applicable Mortgagor notwithstanding that the related Escrow Account may be non-interest bearing or that interest paid thereon is insufficient for such purposes.
(d) Withdrawals from the Escrow Account or Accounts may be made or caused to be made by the related Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire fire, hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Master Servicer or such Servicer for any Servicing Advances made by the Master Servicer or such Servicer pursuant to Section 3.07(e) with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) for transfer to the related Collection Account to reduce the principal balance of the related Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restore or repair of the related Mortgaged Property in accordance with the procedures outlined in Section 3.09(e3.10(e);
(vi) to pay to the related such Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in such Escrow Account;
(vii) to remove funds inadvertently placed in the related Escrow Account by such Servicer; and
(viiviii) to clear and terminate such Escrow Account on the termination of this Agreement.
(e) With respect to each Mortgage Loan, the applicable Servicer shall maintain accurate records reflecting the status of ground rents and taxes and any other item or charge (including, without limitation, assessments, water rates or sewer rents) which may become a lien senior to the lien of the related Mortgage and the status of Mortgage Guaranty Primary Insurance Policy premiums, premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect or cause to be effected payment thereof prior to the applicable penalty or termination date. To the extent that a Mortgage does not provide for Escrow Payments, the related Servicer shall determine that any such payments are made by the Mortgagor prior to the applicable penalty or termination date. Each Servicer assumes full responsibility for, with respect to the Mortgage Loans it services, (i) the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and each such Servicer shall make Servicing Advances from its own funds to effect such payments to the extent that such Servicer, in accordance with Accepted Servicing Practices, deems such Servicing Advance recoverable, and (ii) any penalties or late charges incurred in connection with such bills; provided, however, such Servicer shall not be so obligated with respect to any Mortgage which does not provide for Escrow Payments; provided, further, the Special Servicer shall be entitled to reimbursement as a Servicing Advance for any such penalties or late charges related to a Special Serviced Mortgage Loan and such bills and charges due prior to the transfer of the servicing of such Mortgage Loan to the Special Servicer pursuant to Section 3.03.
(f) No later than the Closing Date, Olympus shall establish and maintain for each Loan Group, a sub-account of the Collection Account titled "Olympus, Simple Interest Excess Sub-Account in trust for the Holders of Credit Suisse First Boston Mortgage Acceptance Corp., CSFB ABS Trust Series 2002-HE4, CSFB Mortgage Pass-Through Certificates, Series 2002-HE4". Olympus shall, on each Determination Date transfer from the Collection Account to the related Simple Interest Excess Sub-Account, all Net Simple Interest Excess, if any, pursuant to Section 3.09(a)(x), and shall maintain a record of all such deposits.
(g) Olympus shall withdraw amounts on deposit in each Simple Interest Excess Sub-Account on each Determination Date for deposit to the Certificate Account in an amount equal to the lesser of (i) the amount on deposit therein, and (ii) the Net Simple Interest Shortfall for such Loan Group for such Distribution Date. Each such deposit shall be added to the Interest Remittance Amount for the related Loan Group.
(h) Olympus shall distribute to the Class X Certificateholder 90% of the balance in the Simple Interest Excess Sub-Account for Loan Group 1 and Loan Group 2 on the Distribution Date each year occurring in December, commencing in December 2002. Olympus shall distribute to the Class X-F Certificateholder 90% of the balance in the Simple Interest Excess Sub-Account for Loan Group 3 on the Distribution Date each year occurring in December, commencing in December 2002. Such distributions shall be deemed to be made on a first-in, first-out basis. In addition, Olympus shall clear and terminate the Simple Interest Excess Sub-Accounts upon the termination of this Agreement and retain any funds remaining therein.
(i) Amounts on deposit in the Simple Interest Excess Sub-Accounts may be invested in Eligible Investments. All income and gain net of any losses realized from any such balances or investment of funds on deposit in a Simple Interest Excess Sub-Account shall be for the benefit of Olympus as servicing compensation and shall be remitted to it monthly. The amount of any net investment losses in a Simple Interest Excess Sub-Account shall promptly be deposited by Olympus in such Simple Interest Excess Sub-Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2002 He4)