Common use of Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis Clause in Contracts

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Escrow 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 Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 7 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Servicing Agreement (GSR Mortgage Loan Trust 2006-7f), Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2)

AutoNDA by SimpleDocs

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Banc of America Mortgage CompanyCapital Corporation, as Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. If the Escrow Account is established with an institution other than the Servicer, (i) the Escrow Account shall be evidenced by a letter agreement substantially in the form of EXHIBIT C attached hereto and (ii) the Servicer shall deliver a copy of such letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) and on a daily basis, deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 6 contracts

Samples: Servicing Agreement (Banc of America Funding Corp), Servicing Agreement (Banc of America Funding 2006-5 Trust), Servicing Agreement (Banc of America Funding 2006-6 Trust)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow 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" IndyMac Bank, F.S.B., in trust for Xxxxxxx Sachs Xxxxx Mortgage Company, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 4 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), Servicing Agreement (GSR Mortgage Loan Trust 2006-6f), Servicing Agreement (GSR 2006-5f)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its "Escrow 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 Goldman Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagorsxxxxxxx Xxxxxagors." The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 3 contracts

Samples: Master Servicing and Trust Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7), Master Servicing and Trust Agreement (Gsaa Home Equity Trust 2004-8), Trust Agreement (Gsaa Home Equity Trust 2004-6)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Mortgage CompanyXxxxxx Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. The creation of any Escrow Account shall be evidenced by (i) a certification substantially in the form of EXHIBIT D attached hereto, in the case of an account established with the Servicer, or (ii) a letter agreement substantially in the form of EXHIBIT E attached hereto, in the case of an account held by an institution other than the Servicer. In either case, the Servicer shall deliver a copy of such certification or letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 3 contracts

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-20), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Escrow Account”), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled “Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. If the Escrow Account is established with an institution other than the Servicer, (i) the Escrow Account shall be evidenced by a letter agreement substantially in the form of Exhibit C attached hereto and (ii) the Servicer shall deliver a copy of such letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 2 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Servicing Agreement (GSR Mortgage Loan Trust 2006-8f)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Mortgage CompanyXxxxxx Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount and shall be established with an institution that is a Qualified Depository. The creation of any Escrow Account shall be evidenced by (A) a certification in the form of Exhibit E attached hereto, in the case of an account established with the Servicer, or (B) a letter agreement in the form of Exhibit F attached hereto, in the case of an account held by an institution other than the Servicer. In either case, a copy of such certification or letter agreement shall be furnished to the Owner on or prior to the first Closing Date and thereafter to any Owner upon request. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) and on a daily basis, deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose, without right of reimbursement therefor.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a), Servicing Agreement (Structured Asset Securities Corp)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow 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 LPentitled "Washington Mutual Bank, in trust for Xxxxxxx Sachs Xxxxx Mortgage CompanyLending Inc., as Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. If the Escrow Account is established with an institution other than the Servicer,(i) the Escrow Account shall be evidenced by a letter agreement substantially in the form of EXHIBIT C attached hereto and (ii) the Servicer shall deliver a copy of such letter agreement to the Owner on or prior to the Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 2 contracts

Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1), Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow 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" IndyMac Bank, F.S.B., in trust for Xxxxxxx Sachs Gxxxxxx Sxxxx Mortgage Company, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 2 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-10f), Servicing Agreement (GSR Mortgage Loan Trust 2006-Oa1)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Mortgage Company[______________], as Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. If the Escrow Account is established with an institution other than the Servicer, (i) the Escrow Account shall be evidenced by a letter agreement substantially in the form of Exhibit C attached hereto and (ii) the Servicer shall deliver a copy of such letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall not shall, upon receipt (and in any event, no later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Bear Stearns Asset Backed Securities Inc)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow 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 LPentitled "Washington Mutual Bank, in trust for Xxxxxxx Sachs Mortgage CompanyHSBC Bank USA, N.A., as trustee for Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. If the Escrow Account is established with an institution other than the Servicer, (i) the Escrow Account shall be evidenced by a letter agreement substantially in the form of Exhibit C attached hereto and (ii) the Servicer shall deliver a copy of such letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (Luminent Mortgage Trust 2007-1)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Escrow 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 Sachs Xxxxx Mortgage Company, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (GSR 2006-4f)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Mortgage CompanyGreenwich Capital Financial Products, Inc., as Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. If the Escrow Account is established with an institution other than the Servicer, (i) the Escrow Account shall be evidenced by a letter agreement substantially in the form of Exhibit C attached hereto and (ii) the Servicer shall deliver a copy of such letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (Zuni 2006-Oa1)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Escrow Account”), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled “Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Mortgage CompanyXxxxxx Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. The creation of any Escrow Account shall be evidenced by (i) a certification substantially in the form of Exhibit D attached hereto, in the case of an account established with the Servicer, or (ii) a letter agreement substantially in the form of Exhibit E attached hereto, in the case of an account held by an institution other than the Servicer. In either case, the Servicer shall deliver a copy of such certification or letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-7)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Escrow 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 Gxxxxxx Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-Oa1)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow 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" IndyMac Bank, F.S.B., in trust for Xxxxxxx Goldman Sachs Mortgage Company, as OwnerOxxxx, and any xnx xxx successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Trust Agreement (GSAA Home Equity Trust 2005-4)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its "Escrow 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 Goldman Sachs Mortgage Company, as OwnerOxxxx, and any xnx xxx successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Trust Agreement (GSAA Home Equity Trust 2005-4)

AutoNDA by SimpleDocs

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Mortgage CompanyAIG Centre Capital Group, Inc., as Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. The creation of any Escrow Account shall be evidenced by (i) a certification substantially in the form of EXHIBIT D attached hereto, in the case of an account established with the Servicer, or (ii) a letter agreement substantially in the form of EXHIBIT E attached hereto, in the case of an account held by an institution other than the Servicer. In either case, the Servicer shall deliver a copy of such certification or letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow 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" IndyMac Bank, F.S.B., in trust for Xxxxxxx Goldman Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagorsxxx xxxtxxx Xortgagors." The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-17)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its "Escrow 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 Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible Account. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (deposit in the Servicer's mortgage receipts clearing account, or sooner if required by applicable law) and on a daily basis (and in all events by not later than the end of the second Business Day following deposit in the Servicer's mortgage receipts clearing account, or sooner if required by applicable law), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (Gs Mortgage Securities Corp)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Escrow 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 Gxxxxxx Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-8f)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its "Escrow 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 Goldman Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagorsxxxxxxx Xxxxxagors." The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Master Servicing and Trust Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for registered Holders of Xxxxxx Xxxxxxx Sachs ABS Capital I Inc. Trust 2004-SD2, Mortgage CompanyPass-Through Certificates, as Owner, and any successor OwnerSeries 2004-SD2, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. If the Escrow Account is established with an institution other than the Servicer, (i) the Escrow Account shall be evidenced by a letter agreement substantially in the form of Exhibit C attached hereto and (ii) the Servicer shall deliver a copy of such letter agreement to the Trustee on or prior to the Closing Date. (b) The Servicer shall not shall, upon receipt (and in any event, no later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust, Series 2004-Sd2)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Mortgage CompanyXxxxxx Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. The creation of any Escrow Account shall be evidenced by (i) a certification substantially in the form of Exhibit D attached hereto, in the case of an account established with the Servicer, or (ii) a letter agreement substantially in the form of Exhibit E attached hereto, in the case of an account held by an institution other than the Servicer. In either case, the Servicer shall deliver a copy of such certification or letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2004-SD1, Mortgage CompanyPass-Througx Xxxxixxxxxxx, as Owner, and any successor OwnerSeries 2004-SD1, and certain Mortgagors." The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. If the Escrow Account is established with an institution other than the Servicer, (i) the Escrow Account shall be evidenced by a letter agreement substantially in the form of Exhibit C attached hereto and (ii) the Servicer shall deliver a copy of such letter agreement to the Trustee on or prior to the Closing Date. (b) The Servicer shall not shall, upon receipt (and in any event, no later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust Series 2004-Sd1)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its "Escrow 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 Goldman Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagorsaxx xxxxaxx Xxrtgagors." The Escrow Account shall be an Eligible Account. (b) The Servicer shall not later than the end of the second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the 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 proceeds of any hazard insurance policy Insurance Proceeds or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-1)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “"Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled "Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Sachs Mortgage CompanyLehman Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagorscerxxxx Xortgagors." The Escrow Account shall be an Eligible AccountAccount and shall be established with an institution that is a Qualified Depository. The creation of any Escrow Account shall be evidenced by (A) a certification in the form of Exhibit E attached hereto, in the case of an account established with the Servicer, or (B) a letter agreement in the form of Exhibit F attached hereto, in the case of an account held by an institution other than the Servicer. In either case, a copy of such certification or letter agreement shall be furnished to the Owner on or prior to the Closing Date and thereafter to any Owner upon request. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) and on a daily basis, deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purposepurpose without right of reimbursement therefor.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Securities Corp)

Establishment of Escrow Account; Deposits in Escrow Account; Escrow Analysis. (a) The Servicer shall segregate and hold all funds collected and received pursuant to the Mortgage Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets all Escrow Payments collected and received pursuant to the Mortgage Loans and shall establish and maintain one or more Escrow Accounts (collectively, with respect to the accounts maintained by any one Servicer, its “Escrow Account”), in the form of time deposit or demand accounts, which may be interest bearing, titledentitled “Washington Mutual Bank, with respect to the Servicer, “Countrywide Home Loans Servicing LPFA, in trust for Xxxxxxx Gxxxxxx Sachs Mortgage Company, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Account shall be an Eligible AccountAccount established with a Qualified Depository. If the Escrow Account is established with an institution other than the Servicer, (i) the Escrow Account shall be evidenced by a letter agreement substantially in the form of Exhibit C attached hereto and (ii) the Servicer shall deliver a copy of such letter agreement to the Owner on or prior to the Initial Closing Date. (b) The Servicer shall shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof (thereof, or sooner if required by applicable law) ), deposit in the Escrow Account maintained by the Servicer and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this Agreement, Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which that are to be applied to the restoration or repair of any the related Mortgaged Property. The Servicer shall make withdrawals from the Escrow Account maintained by the Servicer only in accordance with Section 3.72.7. The Servicer shall be entitled to retain any interest earned on funds deposited in the Escrow Account maintained by the Servicer other than interest on escrowed funds required by law to be paid to the Mort-gagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account maintained by the Servicer may not bear interest or that the interest earned on such escrowed funds is insufficient for such purpose.

Appears in 1 contract

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2007-3f)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!