Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Custodial Account”), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “Countrywide Home Loans Servicing LP, in trust for Xxxxxxx Xxxxx Mortgage Company as Owner, and any successor Owner. (b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date: (i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer on the Mortgage Loans; (ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee; (iii) all Liquidation Proceeds; (iv) all Insurance Proceeds, other than Insurance Pro-ceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures; (v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14; (vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3; (vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b), 3.11(b), 3.13(c), (d) and (f), and 4.1(b) of this Agreement; and
Appears in 6 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-7f), Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Custodial Account”), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “Countrywide Home Loans Servicing LP, in trust for Xxxxxxx Xxxxx Mortgage Company as Owner, and any successor Owner.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b), 3.11(b), 3.13(c), (d) and (f), and 4.1(b) of this Agreement; and
Appears in 6 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-3f), Servicing Agreement (GSR 2006-4f), Servicing Agreement (GSR 2006-5f)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Custodial Account”"), in the form of time deposit or demand accounts, which may be interest bearing, titled," IndyMac Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPF.S.B., in trust for Xxxxxxx Xxxxx Sachs Mortgage Company as Owner, and any successor Owner.” Such Custodial Account shall be an Eligible Account.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal PrepaymentsPrepayments and, except as otherwise expressly provided in the related Purchase Price and Terms Letter, the Prepayment Charges, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3Sections 4.3 and 5.3 ;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b3.10, 3.11(c), 3.11(b), 3.13(c3.13(d), (de) and (fg), and 4.1(b) of this Agreement; and
(viii) an amount to be deposited from the Servicer’s own funds, without reimbursement therefor, equal to the lesser of the Prepayment Interest Shortfall Amount, if any, for the month preceding the month in which the applicable Remittance Date occurs and one half of the Servicing Fee for such Remittance Date.
(c) The Servicer may cause the funds on deposit from time to time in the Custodial Account to be invested in Permitted Instruments, which investments shall mature not later than the Business Day immediately preceding the applicable Remittance Date next following the date of such investment. All such investments shall be made in the name of the Servicer or its nominee. All income and gain realized from any such investment shall be for the benefit of the Servicer and shall be subject to its withdrawal or order from time to time. The Servicer shall indemnify the Owner for any and all Losses incurred in respect of any such investment by the Servicer, and the amount of any Losses incurred in respect of any such investment shall be deposited in the Custodial Account by the Servicer out if its own funds immediately, without reimbursement therefor.
(d) It is understood and agreed that payments in the nature of Ancillary Income need not be deposited by the Servicer in the Custodial Account.
Appears in 5 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), Servicing Agreement (GSR 2006-5f), Servicing Agreement (GSR Mortgage Loan Trust 2006-1f)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Custodial Account”"), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “Countrywide Home Loans Servicing LP"Greenpoint Mortgage Funding, Inc., in trust for Xxxxxxx Xxxxx Goldman Sachs Mortgage Company as Owner, and any successor Owner." Such Xxxxxxial Account shall be an Eligible Account.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3Sections 4.3 and 5.3 ;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b3.10, 3.11(c), 3.11(b), 3.13(c3.13(d), (de) and (fg), and 4.1(b) of this Agreement; and
(viii) an amount to be deposited from the Servicer's own funds, without reimbursement therefor, equal to the lesser of the Prepayment Interest Shortfall Amount, if any, for the month preceding the month in which the applicable Remittance Date occurs and one half of the Servicing Fee for such Remittance Date.
(c) The Servicer may cause the funds on deposit from time to time in the Custodial Account to be invested in Permitted Instruments, which investments shall mature not later than the Business Day immediately preceding the applicable Remittance Date next following the date of such investment. All such investments shall be made in the name of the Servicer or its nominee. All income and gain realized from any such investment shall be for the benefit of the Servicer and shall be subject to its withdrawal or order from time to time. The Servicer shall indemnify the Owner for any and all Losses incurred in respect of any such investment by the Servicer, and the amount of any Losses incurred in respect of any such investment shall be deposited in the Custodial Account by the Servicer out if its own funds immediately, without reimbursement therefor.
(d) It is understood and agreed that payments in the nature of Ancillary Income need not be deposited by the Servicer in the Custodial Account.
Appears in 3 contracts
Samples: Master Servicing and Trust Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7), Trust Agreement (Gsaa Home Equity Trust 2004-6), Master Servicing and Trust Agreement (Gsaa Home Equity Trust 2004-8)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Custodial Account”"), in the form of time deposit or demand accounts, which may be interest bearing, titled," IndyMac Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPF.S.B., in trust for Xxxxxxx Xxxxx Gxxxxxx Sachs Mortgage Company as Owner, and any successor Owner.” Such Custodial Account shall be an Eligible Account.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal PrepaymentsPrepayments and, except as otherwise expressly provided in the related Purchase Price and Terms Letter, the Prepayment Charges, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3Sections 4.3 and 5.3 ;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b3.10, 3.11(c), 3.11(b), 3.13(c3.13(d), (de) and (fg), and 4.1(b) of this Agreement; and
(viii) an amount to be deposited from the Servicer’s own funds, without reimbursement therefor, equal to the lesser of the Prepayment Interest Shortfall Amount, if any, for the month preceding the month in which the applicable Remittance Date occurs and one half of the Servicing Fee for such Remittance Date.
(c) The Servicer may cause the funds on deposit from time to time in the Custodial Account to be invested in Permitted Instruments, which investments shall mature not later than the Business Day immediately preceding the applicable Remittance Date next following the date of such investment. All such investments shall be made in the name of the Servicer or its nominee. All income and gain realized from any such investment shall be for the benefit of the Servicer and shall be subject to its withdrawal or order from time to time. The Servicer shall indemnify the Owner for any and all Losses incurred in respect of any such investment by the Servicer, and the amount of any Losses incurred in respect of any such investment shall be deposited in the Custodial Account by the Servicer out if its own funds immediately, without reimbursement therefor.
(d) It is understood and agreed that payments in the nature of Ancillary Income need not be deposited by the Servicer in the Custodial Account.
Appears in 2 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-10f), Servicing Agreement (GSR Mortgage Loan Trust 2006-Oa1)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer Seller shall segregate and hold all funds collected collec-xxx and received pursuant pur-suant to the each Mortgage Loans Loan and REO Property separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectivelycollec-tively, with respect to the accounts maintained by any one Servicer, its “Custodial Account”), in the form of non-interest bearing time deposit or demand accounts, which may . The Custodial Account shall be interest bearing, titled, established with respect an Eligible Depository Institution. The creation of any Custodial Account shall be evidenced by a letter agree-ment substantially in the form of Exhibit B hereto. A copy of such certifi-ca-tion or letter agreement shall be furnished to any Purchaser upon request. The Seller shall deposit in a mortgage clearing account on a daily basis and in the Servicer, “Countrywide Home Loans Servicing LP, in trust for Xxxxxxx Xxxxx Mortgage Company as Owner, and any successor Owner.
(b) With respect to each Mortgage Loan, the Servicer shall not Custodial Account no later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account thereafter and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Datetherein:
(i) all scheduled payments due after the Cutoff Date on account of principal, including includ-ing Principal PrepaymentsPrepayments collected after the Cutoff Date, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less (minus the Servicing Feeportion of any such payment which is allocable to the period prior to the Cutoff Date) adjusted to the Mortgage Loan Remittance Rate;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, including amounts required to be deposited pursuant to Section 4.10 and Section 4.11, other than Insurance Pro-ceeds proceeds to be held in the Escrow Account and applied to the restoration and or repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Custom-ary Servicing Procedures, the Mortgage Loan documents or applicable law;
(v) all Condemnation Proceeds with respect to any Mort-gaged Property which are not released to the Mortgagor in accordance accor-dance with Customary Servicing Procedures, the Owner's written consent and Acceptable Servicing Procedures and Section 3.14Mortgage Loan documents or applicable law;
(vi) any amounts payable in connection with respect the repurchase of any Mortgage Loan pursuant to Monthly Advances Section 3.03 and all amounts required to be deposited by the Seller in the Custodial Account connection with shortfalls in principal amount of Qualified Substitute Mortgage Loans pursuant to Section 4.33.03 or;
(vii) any amount required to be deposited in the Custodial Account pursuant to Section 5.04; and
(viii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c)4.01, 3.1(d)4.14, 3.4(c)5.01, 3.10(a5.03 and 6.02. The foregoing requirements for deposit in the Custodial Account shall be exclusive. Without limiting the generality of the foregoing, payments in the nature of late payment charges, fees for special services provided to a Mortgagor and assumption fees need not be deposited by the Seller in the Custodial Account. The Seller may invest the funds in the Custodial Account in Eligible Investments designated in the name of the Seller for the benefit of the Purchaser, which shall mature not later than the Business Day next preceding the Remittance Date next following the date of such investment (except that (i) or any investment in the institution with which the Custodial Account is maintained may mature on such Remittance Date and (b)ii) any other investment may mature on such Remittance Date if the Seller shall advance funds on such Remittance Date, 3.11(b), 3.13(c), (dpending receipt thereof to the extent necessary to make distributions to the Purchaser) and (f)shall not be sold or disposed of prior to maturity. Notwithstanding anything to the contrary herein and above, all income and 4.1(b) gain realized from any such investment shall be for the benefit of this Agreement; andthe Seller and shall be subject to its withdrawal or order from time to time. The amount of any losses incurred in respect of any such investments shall be deposited in the Custodial Account by the Seller out of its own funds immediately as realized.
Appears in 1 contract
Samples: Mortgage Loan Flow Purchase, Sale, and Servicing Agreement (Sequoia Mortgage Trust 2007-4)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Custodial Account”"), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “"Countrywide Home Loans Servicing LP, in trust for Xxxxxxx Xxxxx Goldman Sachs Mortgage Company as Owner, and any successor Owner.
(bx) With respect Xixx xxspect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b), 3.11(b), 3.13(c), (d) and (f), and 4.1(b) of this Agreement; and
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the each Mortgage Loans Loan separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Custodial Account”"), in the form of time deposit or demand accounts, which may be interest bearing, titledtitled "_____________________ in trust for the Owner under a Servicing Agreement dated as of _________________ 1, 1995". Such Custodial Account shall be established with respect to a commercial bank, a savings bank or a savings and loan association. In any case, the Custodial Account shall be an Eligible Account which may be drawn on by the Servicer. The creation of any Custodial Account shall be evidenced by (a) a certification in the form of Exhibit B hereto, in the case of an account established with the Servicer, “Countrywide Home Loans Servicing LPor (b) a letter agreement in the form of Exhibit C hereto, in trust for Xxxxxxx Xxxxx Mortgage Company as Ownerthe case of an account held by a depository other than the Servicer. In either case, and any successor Ownera copy of such certification or letter agreement shall be furnished to the Owner upon request.
(b) With respect to each Mortgage Loan, the The Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account within two (2) Business Days of receipt, and retain therein the following payments and collections received by the Servicer subsequent or made with respect to the Cut-off DateMortgage Loans:
(i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer Prepayments on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less adjusted to the Servicing Fee;Mortgage Loan Remittance Rate; 18 -------------------------------------------------------------------------------- NOMURA ASSET CAPITAL CORPORATION EXHIBIT M PAGE M-18 AUGUST 1, 1995 FORM OF SERVICING AGREEMENT --------------------------------------------------------------------------------
(iii) all Liquidation Proceeds and all REO Disposition Proceeds;
(iv) all Insurance Proceedsproceeds received by the Servicer under any title, hazard, primary mortgage guaranty or other insurance policy, including amounts required to be deposited pursuant to Section 3.10, other than Insurance Pro-ceeds proceeds to be held in the Escrow Account and applied to the restoration and or repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Customary Servicing Procedures;
(v) all Condemnation Proceeds awards or settlements in respect of condemnation proceedings or eminent domain affecting any Mortgaged Property which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Customary Servicing Procedures and Section 3.14Procedures;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c3.04(c), 3.1(d)4.01, 3.4(c)4.03, 3.10(a5.01 and 5.02; and
(vii) with respect to each Principal Prepayment in Full, an amount (to be paid by the Servicer out of its own funds) which, when added to all amounts allocable to interest received in connection with the Principal Prepayment in Full, equals one month's interest on the amount of principal so prepaid for the month of prepayment at the applicable Mortgage Loan Remittance Rate; provided that, the Servicer's obligation to pay such amount in any one month shall be limited to the aggregate Servicing Fee received by the Servicer for such month.
(c) The Servicer may invest the funds in the Custodial Account in Permitted Instruments, which, unless such Permitted Instruments are withdrawable on demand, shall mature not later than two (2) Business Days prior to the date on which such funds will be necessary to make withdrawals from the Custodial Account for the purposes specified in Section 3.05 (except that if such Permitted Instrument is an obligation of the institution that maintains the Custodial Account, then such Permitted Instrument shall mature not later than such withdrawal date) and shall not be sold or (b)disposed of prior to its maturity. In the absence of any such investment, 3.11(b), 3.13(c), the Servicer shall hold all funds in the Custodial Account uninvested. All such Permitted Instruments shall be made in the name of the Servicer in the trust capacity in which the Custodial Account is held or its nominee. The Servicer shall receive as additional servicing compensation an amount equal to all income and gain realized from any such investment. The amount of any losses incurred in respect of any such investments shall be deposited in the Custodial Account by the Servicer out of its own funds immediately as realized.
(d) The requirements in this Section 3.04 for deposit in the Custodial Account shall be exclusive, it being understood and (f)agreed that, without limiting the generality of the foregoing, payments in the nature of late payment charges, prepayment charges and 4.1(b) of this Agreement; andassumption fees need not be deposited by the Servicer in the Custodial Account.
Appears in 1 contract
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Custodial Account”), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “Countrywide Home Loans Servicing LP, in trust for Xxxxxxx Xxxxx Gxxxxxx Sxxxx Mortgage Company as Owner, and any successor Owner.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b), 3.11(b), 3.13(c), (d) and (f), and 4.1(b) of this Agreement; and
Appears in 1 contract
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-Oa1)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Custodial Account”), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “Countrywide Home Loans Servicing LPGreenpoint Mortgage Funding, Inc., in trust for Xxxxxxx Xxxxx Sachs Mortgage Company as Owner, and any successor Owner.” Such Custodial Account shall be an Eligible Account.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal PrepaymentsPrepayments and, except as otherwise expressly provided in the related Purchase Price and Terms Letter, the Prepayment Charges, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3Sections 4.3 and 5.3 ;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b3.10, 3.11(c), 3.11(b), 3.13(c3.13(d), (de) and (fg), and 4.1(b) of this Agreement; and
(viii) an amount to be deposited from the Servicer’s own funds, without reimbursement therefor, equal to the lesser of the Prepayment Interest Shortfall Amount, if any, for the month preceding the month in which the applicable Remittance Date occurs and one half of the Servicing Fee for such Remittance Date.
(c) The Servicer may cause the funds on deposit from time to time in the Custodial Account to be invested in Permitted Instruments, which investments shall mature not later than the Business Day immediately preceding the applicable Remittance Date next following the date of such investment. All such investments shall be made in the name of the Servicer or its nominee. All income and gain realized from any such investment shall be for the benefit of the Servicer and shall be subject to its withdrawal or order from time to time. The Servicer shall indemnify the Owner for any and all Losses incurred in respect of any such investment by the Servicer, and the amount of any Losses incurred in respect of any such investment shall be deposited in the Custodial Account by the Servicer out if its own funds immediately, without reimbursement therefor.
(d) It is understood and agreed that payments in the nature of Ancillary Income need not be deposited by the Servicer in the Custodial Account.
Appears in 1 contract
Samples: Servicing Agreement (GSR 2006-4f)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Custodial Account”), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “Countrywide Home Loans Servicing LP, in trust for Xxxxxxx Xxxxx Mortgage Company as Owner, and any successor Owner.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's ’s written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b), 3.11(b), 3.13(c), (d) and (f), and 4.1(b) of this Agreement; and
Appears in 1 contract
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-6f)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Custodial Account”"), in the form of time deposit or demand accounts, which may be interest bearing, titled," IndyMac Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPF.S.B., in trust for Xxxxxxx Xxxxx Goldman Sachs Mortgage Company as Owner, and any successor Owner." Xxxx Xxstodial Account shall be an Eligible Account.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal PrepaymentsPrepayments and, except as otherwise expressly provided in the related Purchase Price and Terms Letter, the Prepayment Charges, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3Sections 4.3 and 5.3 ;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b3.10, 3.11(c), 3.11(b), 3.13(c3.13(d), (de) and (fg), and 4.1(b) of this Agreement; and
(viii) an amount to be deposited from the Servicer's own funds, without reimbursement therefor, equal to the lesser of the Prepayment Interest Shortfall Amount, if any, for the month preceding the month in which the applicable Remittance Date occurs and one half of the Servicing Fee for such Remittance Date.
(c) The Servicer may cause the funds on deposit from time to time in the Custodial Account to be invested in Permitted Instruments, which investments shall mature not later than the Business Day immediately preceding the applicable Remittance Date next following the date of such investment. All such investments shall be made in the name of the Servicer or its nominee. All income and gain realized from any such investment shall be for the benefit of the Servicer and shall be subject to its withdrawal or order from time to time. The Servicer shall indemnify the Owner for any and all Losses incurred in respect of any such investment by the Servicer, and the amount of any Losses incurred in respect of any such investment shall be deposited in the Custodial Account by the Servicer out if its own funds immediately, without reimbursement therefor.
(d) It is understood and agreed that payments in the nature of Ancillary Income need not be deposited by the Servicer in the Custodial Account.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-17)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Custodial Account”"), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “"Countrywide Home Loans Servicing LPLoans, Inc., in trust for Xxxxxxx Xxxxx Mortgage Company as Owner, and any successor Owner.
(b) With respect to each Mortgage Loan, the Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof) and on a daily basis, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b), 3.11(b), 3.13(c), (d) and (f), and 4.1(b) of this Agreement; and
Appears in 1 contract
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Custodial Account”"), in the form of time deposit or demand accounts, which may be interest bearing, titled," IndyMac Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPF.S.B., in trust for Xxxxxxx Xxxxx Goldman Sachs Mortgage Company as OwnerOwxxx, and xxd any successor Owner." Such Custodial Account shall be an Eligible Account.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3Sections 4.3 and 5.3 ;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b3.10, 3.11(c), 3.11(b), 3.13(c3.13(d), (de) and (fg), and 4.1(b) of this Agreement; and
(viii) an amount to be deposited from the Servicer's own funds, without reimbursement therefor, equal to the lesser of the Prepayment Interest Shortfall Amount, if any, for the month preceding the month in which the applicable Remittance Date occurs and one half of the Servicing Fee for such Remittance Date.
(c) The Servicer may cause the funds on deposit from time to time in the Custodial Account to be invested in Permitted Instruments, which investments shall mature not later than the Business Day immediately preceding the applicable Remittance Date next following the date of such investment. All such investments shall be made in the name of the Servicer or its nominee. All income and gain realized from any such investment shall be for the benefit of the Servicer and shall be subject to its withdrawal or order from time to time. The Servicer shall indemnify the Owner for any and all Losses incurred in respect of any such investment by the Servicer, and the amount of any Losses incurred in respect of any such investment shall be deposited in the Custodial Account by the Servicer out if its own funds immediately, without reimbursement therefor.
(d) It is understood and agreed that payments in the nature of Ancillary Income need not be deposited by the Servicer in the Custodial Account.
Appears in 1 contract
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Custodial Account”"), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “Countrywide Home Loans Servicing LP"Greenpoint Mortgage Funding, Inc., in trust for Xxxxxxx Xxxxx Goldman Sachs Mortgage Company as Owner, and any successor Owner." Sxxx Xxxtodial Account shall be an Eligible Account.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal PrepaymentsPrepayments and, except as otherwise expressly provided in the related Purchase Price and Terms Letter, the Prepayment Charges, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3Sections 4.3 and 5.3 ;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b3.10, 3.11(c), 3.11(b), 3.13(c3.13(d), (de) and (fg), and 4.1(b) of this Agreement; and
(viii) an amount to be deposited from the Servicer's own funds, without reimbursement therefor, equal to the lesser of the Prepayment Interest Shortfall Amount, if any, for the month preceding the month in which the applicable Remittance Date occurs and one half of the Servicing Fee for such Remittance Date.
(c) The Servicer may cause the funds on deposit from time to time in the Custodial Account to be invested in Permitted Instruments, which investments shall mature not later than the Business Day immediately preceding the applicable Remittance Date next following the date of such investment. All such investments shall be made in the name of the Servicer or its nominee. All income and gain realized from any such investment shall be for the benefit of the Servicer and shall be subject to its withdrawal or order from time to time. The Servicer shall indemnify the Owner for any and all Losses incurred in respect of any such investment by the Servicer, and the amount of any Losses incurred in respect of any such investment shall be deposited in the Custodial Account by the Servicer out if its own funds immediately, without reimbursement therefor.
(d) It is understood and agreed that payments in the nature of Ancillary Income need not be deposited by the Servicer in the Custodial Account.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-1)
Establishment of Custodial Account; Deposits in Custodial Account. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans separate and apart from any of its own funds and general assets and shall establish and maintain one or more Custodial Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Custodial Account”), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to the Servicer, “Countrywide Home Loans Servicing LP, in trust for Xxxxxxx Xxxxx Gxxxxxx Sxxxx Mortgage Company as Owner, and any successor Owner.
(b) With respect to each Mortgage Loan, the Servicer shall not later than the end of the second Business Day following receipt thereof, deposit in the Custodial Account and retain therein the following payments and collections received by the Servicer subsequent to the Cut-off Date:
(i) all payments on account of principal, including Principal Prepayments, actually collected by the Servicer on the Mortgage Loans;
(ii) all payments on account of interest actually collected by the Servicer on the Mortgage Loans less the Servicing Fee;
(iii) all Liquidation Proceeds;
(iv) all Insurance Proceeds, other than Insurance Pro-ceeds Proceeds to be held in the Escrow Account and applied to the restoration and repair of the Mortgaged Property or released to the Mortgagor in accordance with Acceptable Servicing Procedures;
(v) all Condemnation Proceeds which are not released to the Mortgagor in accordance with the Owner's written consent and Acceptable Servicing Procedures and Section 3.14;
(vi) any amounts with respect to Monthly Advances required to be deposited in the Custodial Account pursuant to Section 4.3;
(vii) any amount required to be deposited in the Custodial Account pursuant to Sections 3.1(c), 3.1(d), 3.4(c), 3.10(a) or (b), 3.11(b), 3.13(c), (d) and (f), and 4.1(b) of this Agreement; and
Appears in 1 contract
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-8f)