Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any 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 therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 26 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any 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 (or Underlying Mortgaged Property, in the case of a Co-op Loan). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 20 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the any Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall shall, if requested by the Trustee, give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any Mortgage LoansLoans serviced by the Servicer, 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 (or Underlying Mortgaged Property, in the case of a Co-op Loan). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 17 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S5), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A2), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the any Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any Mortgage LoansLoans serviced by the Servicer, 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 (or Underlying Mortgaged Property, in the case of a Co-op Loan). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2005-S1), Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (ChaseFlex Trust Series 2005-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the any Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any 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 (or Underlying Mortgaged Property, in the case of a Co-op Loan). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “PrimeLending, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 8 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-6), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-4), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Escrow Analysis
(a) The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such the Mortgage Loan 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 AccountsAccounts (collectively, with respect to the accounts maintained by any one Servicer, its “Escrow Account”), in the form of trust time deposit or demand accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by 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 give notice to not later than the Trustee end of the location of any second Business Day following receipt thereof (or sooner if required by applicable law) deposit in the Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require Account maintained by the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (i) all Escrow Payments collected on account of any the Mortgage Loans, 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 therefrom from the Escrow Account maintained by the Servicer only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in accordance with Section 5.113.7. The Servicer shall be entitled to retain any interest paid earned on funds deposited in the Escrow Account maintained by the depository institution Servicer other than interest on escrowed funds required by law to be paid to the related Mortgagor Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing maintained by the Servicer may not bear interest or that the interest paid thereon earned on such escrowed funds is insufficient for such purposespurpose.
Appears in 7 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-1f), Servicing Agreement (GSR 2006-5f), Servicing Agreement (GSR Mortgage Loan Trust 2006-3f)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “GreenPoint Mortgage Funding, Inc., in the form trust for Xxxxxx Xxxxxxx Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 6 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Shore Financial Services, Inc., in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mxx or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at JX Xxxxxx Chase Bank, N.A., or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basisin accordance with Subsection 11.03, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 6 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-6), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-6)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Cenlar FSB, in the form trust for Redwood Residential Acquisition Corporation as Owner of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository Affiliate of Servicer), which meets the deposits of guidelines set forth by Xxxxxx Xxx or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Xxxxx Fargo Bank, N.A., or any successor thereto, and shall not be transferred to any other depository institution without the Owner’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 6 contracts
Samples: Flow Mortgage Loan Servicing Agreement (Sequoia Mortgage Trust 2013-7), Flow Mortgage Loan Servicing Agreement (Sequoia Mortgage Trust 2013-3), Flow Mortgage Loan Servicing Agreement (Sequoia Mortgage Trust 2013-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Flagstar Capital Markets Corporation, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Flagstar Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 6 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-1), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-6)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Xxxx Xxxxxx Bank, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Xxxxxx Xxx or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 5 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-7), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-4), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "Bank of America, National Association, in the form trust for Xxxxxx Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors." The Escrow Accounts Account shall be established with a commercial bankQualified Depository. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the "Escrow Payments Account Certification") substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 11 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy (if any). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 4 contracts
Samples: Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-21), Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-17), Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-18)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "Bank of America, N.A., in the form trust for Xxxxxx Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Xxxxxx Xxx or Xxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the "Escrow Payments Account Certification") substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 10 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy. The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 4 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a), Mortgage Loan Sale and Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 5a), Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp Mort Pas-THR Cert Ser 2002-)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Fremont Bank, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Fremont Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 4 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-4), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "GreenPoint Mortgage Funding, Inc., in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loaxx xxx xxxxxxx Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow axxxxxxs. In anx xxxx, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 4 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the any Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall shall, if requested by the Trustee, give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any Mortgage LoansLoans serviced by the Servicer, 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 (or underlying Mortgaged Property, in the case of a Co-op Loan). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-S6), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-M1), Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A3)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which The provisions that follow in this Section 11.06 shall be applicable only if the Servicer or any Sub-Servicer collects Escrow Payments, if anyactual Servicing Transfer Date occurs more than two calendar months after the related Closing Date. If the following provisions are not applicable, the Servicer shall, and “Escrow Account” as used elsewhere in this Agreement shall cause mean the Sub-Servicer to, deposit or other account that the Seller maintains for purposes of collecting escrow payments for mortgage loans serviced on behalf of third parties. The Seller shall segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Seller, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at an institution reasonably acceptable to the Seller and the Purchaser, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 4 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-8), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-6), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Wintrust Mortgage Corporation, a division of Barrington Bank and Trust, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Barrington Bank and Trust, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 4 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-4), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "The Hemisphere National Bank, in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loaxx xxx xxxxxxx Mortgagors." The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow axxxxxxs. In anx xxxx, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 3 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Cornerstone Mortgage Company, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mxx or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at J.X. Xxxxxx Chase Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-5), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-4), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “GuardHill Financial Corp, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Xxxxxx Xxx or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at XX Xxxxxx Chase, NA, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-2), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “[name of Servicer], in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall not be transferred to another depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 3 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-3), Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-1), Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2012-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Sterling Savings Bank, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at an institution with the approval of the Purchaser, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-2), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Fifth Third Mortgage Company, in the form trust for Xxxxxx Xxxxxxx Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 3 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the either Servicer or any Sub-Servicer collects Escrow Payments, if any, the such Servicer shall, and shall cause the any Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the applicable Servicer. The Each Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the either Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Each Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any Mortgage LoansLoans serviced by such Servicer, 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 related Mortgaged Property (or Underlying Mortgaged Property, in the case of a Co-op Loan). The Each Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Each Servicer shall be entitled to retain any interest paid on funds deposited in the any Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the applicable Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Bank of America, N.A., in the form trust for Xxxxxx Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bankQualified Depository. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the “Escrow Payments Account Certification”) substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 10 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy (if any). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pa Th Ce Se 2002 23xs), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-24), Servicing Agreement (Structured Asset Securities Co Mor Pass-THR Cer Ser 2002-19)
Establishment of Escrow Account; Deposits in Escrow Account. With respect Seller shall segregate and hold or cause any Subservicer to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), in the form of trust time deposit or demand accounts, which may be interest bearing. Such The Escrow Accounts Account shall be established with a commercial bankCitibank or, a mutual savings bank or a savings at the option of Seller and loan association with the deposits prior written consent of which are Purchaser, Qualified Depository In each case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer shall give notice to the Trustee of the location creation of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require the Servicer to collect Escrow Payments evidenced by (a) a certification in the absence form of a provision Exhibit D hereto, in the related Mortgage requiring such collectioncase of an account established with Citibank, or (b) a letter agreement in the form of Exhibit E hereto, in the case of an account held by a depository other than Citibank. The Servicer shall deposit, or cause to be deposited, in any Escrow Account will be established on the Closing Date and funds for the Mortgage Loans will be segregated accordingly into such account. In either case, a copy of such certification or Accounts letter agreement shall be furnished to Purchaser within five (5) Business days after the Closing Date and a copy to any subsequent purchaser upon request. Seller or the Subservicer shall deposit in the Escrow Account on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) all amounts representing proceeds Insurance Proceeds or Condemnation Proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer Seller shall make withdrawals therefrom only in accordance with Section 10.12 hereof. As part of its servicing duties, Seller or the Subservicer shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-15), Mortgage Loan Purchase and Servicing Agreement (Lehman Sarm 2005-5), Mortgage Loan Purchase and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Establishment of Escrow Account; Deposits in Escrow Account. With respect Seller shall segregate and hold or cause any Subservicer to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), in the form of trust time deposit or demand accounts, which may be interest bearing. Such The Escrow Accounts Account shall be established with Citibank or, at the option of Seller, with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are . The Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer shall give notice to the Trustee of the location creation of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require the Servicer to collect Escrow Payments evidenced by (a) a certification in the absence form of a provision Exhibit F hereto, in the related Mortgage requiring such collection. The Servicer shall depositcase of an account estab-lished with Citibank, or cause to be deposited(b) a letter agree-ment in the form of Exhibit G hereto, in the case of an account held by a depository other than Citibank. Upon request, a copy of such certification or letter agreement shall be furnished to Purchaser within five (5) Business Days after the initial Closing Date and a copy to any subsequent purchaser upon request. Seller or the Subservicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) 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 PropertyProperty and (c) Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Servicer Seller shall make withdrawals therefrom only in accordance with Section 10.12 hereof. As part of its servicing duties, Seller or the Subservicer shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6), Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar7)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “[name of Servicer], in the form trust for Barclays Bank PLC as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall not be transferred to another depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2012-4), Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2012-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account "), titled "Bank of America, N.A., in the form trust for Xxxxxx Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors." The Escrow Accounts Account shall be established with a commercial bankQualified Depository. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the "Escrow Payments Account Certification") substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 11 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy (if any). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which The provisions that follow in this Section 11.06 shall be applicable only if the Servicer or any Sub-Servicer collects Escrow Payments, if anyactual Servicing Transfer Date occurs more than two calendar months after the related Closing Date. If the following provisions are not applicable, the Servicer shall, and “Escrow Account” as used elsewhere in this Agreement shall cause mean the Sub-Servicer to, deposit or other account that the Seller maintains for purposes of collecting escrow payments for mortgage loans serviced on behalf of third parties. The Seller shall segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Seller, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at an institution reasonably acceptable to the Seller and the Purchaser, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-7)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Select Portfolio Servicing, Inc., in the form trust for Redwood Residential Acquisition Corporation as Owner of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of guidelines set forth by Fxxxxx Mxx or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at JPMorgan Chase Bank, N.A., or any successor thereto, and shall not be transferred to any other depository institution without the Owner’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Flow Mortgage Loan Servicing Rights Sale and Servicing Agreement (Sequoia Mortgage Trust 2012-1), Flow Mortgage Loan Servicing Rights Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Company shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), in the form of trust non-interest bearing time deposit or demand accounts. Such The Escrow Accounts Account shall be established with an Eligible Depository Institution. The creation of any Escrow Account shall be evidenced by a commercial bankletter agreement in the form of Exhibit C hereto. Upon request, the Company shall provide the Owner with a mutual savings bank or copy of a savings and loan association letter agreement evidencing the deposits establishment of which each Escrow Account. Notwithstanding the foregoing, the Company may deposit in the Escrow Account amounts constituting escrow payments relating to mortgage loans not subject to this Agreement, provided, however, that all Escrow Payments in the Escrow Account are insured by the FDIC in a manner which shall provide the maximum available insurance thereunder, and which may be drawn on by the ServicerFDIC thereon. The Servicer Company shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing deposit in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts mortgage clearing account on a daily basis, basis and no later than the second Business Day thereafter in the Escrow Account and retain therein, : (i) all Escrow Payments held or collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (ii) all amounts representing proceeds of any hazard insurance policy which Insurance Proceeds or Condemnation Proceeds that are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (iii) all revenues received with respect to the management, conservation, protection and operation of the REO Properties pursuant to Section 4.14. The Servicer Company shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are shall be set forth in or in accordance with Section 5.114.07. The Servicer Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid pay to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor extent required by law notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposesbearing.
Appears in 2 contracts
Samples: Master Flow Sale and Servicing Agreement (Banc of America Funding 2007-4 Trust), Master Flow Sale and Servicing Agreement (Banc of America Funding 2007-3 Trust)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “[ ], in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at [ ], or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "GreenPoint Mortgage Funding, Inc., in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loxxx xxd xxxxxxs Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow xxxxxxts. In axx xxxx, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “US Bank, N.A., in the form trust for Xxxxxx Xxxxxxx Mortgage Capital Holdings LLC as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Bank of Commerce Mortgage, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at First Republic Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Company shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), in the form of trust non-interest bearing time deposit or demand accounts. Such The Escrow Accounts Account shall be established with an Eligible Depository Institution. The creation of any Escrow Account shall be evidenced by a commercial bankletter agreement in the form of Exhibit C hereto. Upon request, the Company shall provide the Owner with a mutual savings bank or copy of a savings and loan association letter agreement evidencing the deposits establishment of which each Escrow Account. Notwithstanding the foregoing, the Company may deposit in the Escrow Account amounts constituting escrow payments relating to mortgage loans not subject to this Agreement, provided, however, that all Escrow Payments in the Escrow Account are insured by the FDIC in a manner which shall provide the maximum available insurance thereunder, and which may be drawn on by the ServicerFDIC thereon. The Servicer Company shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing deposit in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts mortgage clearing account on a daily basis, basis and no later than the second Business Day thereafter in the Escrow Account and retain therein, : (i) all Escrow Payments held or collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (ii) all amounts representing proceeds of any hazard insurance policy which Insurance Proceeds that are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (iii) all revenues received with respect to the management, conservation, protection and operation of the REO Properties pursuant to Section 4.14. The Servicer Company shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are shall be set forth in or in accordance with Section 5.114.07. The Servicer Company shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid pay to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor extent required by law notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposesbearing.
Appears in 2 contracts
Samples: Servicing Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1), Servicing Agreement (Luminent 2006-4)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Bank of America, National Association, in trust for the form Purchaser under the Flow Mortgage Loan Sale and Servicing Agreement, dated as of trust accounts. Such December 1, 2004, and/or subsequent Purchasers of Mortgage Loans and various Mortgagors T&I.” The Escrow Accounts Account shall be established with a commercial bankQualified Depository. The Escrow Account shall initially be established and maintained at Bank of America, a mutual savings bank National Association, or a savings any successor thereto, and loan association shall not be transferred to any other depository institution without the deposits of Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) 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 PropertyProperty and (c) all proceeds from any Primary Mortgage Insurance Policy. The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Section 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Flow Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Flow Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-10f)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "The Hemisphere National Bank, in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans xxx xaxxxxx Xortgagors." The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow accxxxxx. In any xxxx, xhe Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "The Hemisphere National Bank, in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Lxxxx xnx xxxxxus Mortgagors." The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow xxxxxnts. In xxx xxxe, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-2), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “American Pacific Mortgage Corporation , in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Texas Capital Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "GreenPoint Mortgage Funding, Inc., in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans xxx xxrxxxx Xxrtgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow accoxxxx. In any cxxx, xxe Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-11), Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Bank of America, National Association, in the form trust for RWT Holdings, Inc. as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits guidelines set forth by Fxxxxx Mxx or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Bank of America, National Association, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2007-4), Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2007-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Bank of America, N.A., in the form trust for Xxxxxx Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Xxxxxx Xxx or Xxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the “Escrow Payments Account Certification”) substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 10 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy (if any). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Co Mor Pass-THR Cer Ser 2002-19), Servicing Agreement (Structured Asset Securities Corp Mor Pa Th Ce Se 2002 23xs)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "American Home Mortgage Servicing, Inc., in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Lxxxx xnx xxxxxus Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow xxxxxnts. In xxx xxxe, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Benchmark Bank, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. Notwithstanding the immediately preceding sentence, the parties hereto agree that the Escrow Account shall initially be established and maintained at Benchmark Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "[SERVICER], in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans xxx xxrxxxx Xxrtgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow accoxxxx. In any cxxx, xxe Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "Fifth Third Mortgage Company, in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loaxx xxx xxxxxxx Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow axxxxxxs. In anx xxxx, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any 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 therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.. 58
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "Bank of America, N.A., in the form trust for Lehman Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and various Xxxxxagors." The Escrow Accounts Account shall be established with a commercial bankQualified Depository. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the "Escrow Payments Account Certification") substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 10 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy (if any). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-21a)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer Subservicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer any Subservicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any Mortgage LoansLoans serviced by the Servicer, 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 related Mortgaged Property (or Underlying Mortgaged Property, in the case of a Co-op Loan). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the any Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), in the form of trust non-interest bearing time deposit or demand accounts. Such The Escrow Accounts Account shall be established with an Eligible Depository Institution. The creation of any Escrow Account shall be evidenced by a commercial bankletter agreement substantially in the form of Exhibit C hereto. Upon request, the Seller shall provide the Purchaser with a mutual savings bank or copy of a savings and loan association letter agreement evidencing the deposits establishment of which each Escrow Account. Notwithstanding the foregoing, the Seller may deposit in the Escrow Account amounts constituting escrow payments relating to mortgage loans not subject to this Agreement, provided, however, that all Escrow Payments in the Escrow Account are insured by the FDIC in a manner which shall provide the maximum available insurance thereunder, and which may be drawn on by the ServicerFDIC thereon. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing deposit in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts mortgage clearing account on a daily basis, basis and no later than the second Business Day thereafter in the Escrow Account and retain therein, : (i) all Escrow Payments held or collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (ii) all amounts representing proceeds of any hazard insurance policy which Insurance Proceeds that are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (iii) all revenues received with respect to the management, conservation, protection and operation of the REO Properties pursuant to Section 4.14. The Servicer Seller shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are shall be set forth in or in accordance with Section 5.114.07. The Servicer Seller shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid pay to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor extent required by law notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposesbearing.
Appears in 1 contract
Samples: Mortgage Loan Flow Purchase, Sale, and Servicing Agreement (Sequoia Mortgage Trust 2007-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account "), titled "Bank of America, N.A., in the form trust for Lehman Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and varioux Xxxxgagors." The Escrow Accounts Account shall be established with a commercial bankQualified Depository. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the "Escrow Payments Account Certification") substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 11 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy (if any). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "Bank of America, N.A., in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans xxx xxrxxxx Xxrtgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow accoxxxx. The Escrxx Xxxxunt shall initially be established and maintained at Bank of America, N.A., or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser's approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require the Servicer to collect Escrow Payments evidenced by a certification in the absence form of a provision in the related Mortgage requiring such collectionExhibit 5 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the 42 Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "Bank of America, N.A., in the form trust for Xxxxxx Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors." The Escrow Accounts Account shall be established with a commercial bankQualified Depository. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the "Escrow Payments Account Certification") substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 11 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy (if any). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Flow Mortgage Loan Sale and Servicing Agreement (Lehman Sarm 2005-5)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "GreenPoint Mortgage Funding, Inc., in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans xxx xaxxxxx Xortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow accxxxxx. In any xxxx, xhe Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Wxxxx Fargo Bank, N.A., in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors – T & I.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Wxxxx Fargo Bank, N.A., and shall not be transferred to any other depository institution without complying with Subsection 11.09. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing deposit in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts mortgage clearing account on a daily basis, and in the Escrow Account within two (2) Business Days of the Servicer’s receipt, and retain therein, :
(ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement;
(iib) 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;
(c) all payments on account of Buydown Funds and/or Subsidy Funds; and
(d) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Servicer shall make withdrawals therefrom from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11Subsection 11.07. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution institution, other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to Mortgagor. To the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is may be non-interest-interest bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Flagstar Capital Markets Corporation, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Flagstar Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "[SERVICER], in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Lxxxx xnx xxxxxus Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository Affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow xxxxxnts. In xxx xxxe, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository Affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basiswithin two (2) Business Days, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect Servicer shall segregate and hold or cause any Subservicer to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), in the form of trust time deposit or demand accounts, which may be interest bearing. Such The Escrow Accounts Account shall be established with a Citibank or, at the option of Servicer, another commercial bank, a mutual savings bank or a savings and loan association association, which meets the deposits of which are guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Upon request, Servicer shall give notice to provide Purchaser with a copy of a certification or letter agreement evidencing the Trustee establishment of the location of any each Escrow Account, and of any change thereof, prior to . Servicer or the use thereof. Nothing in this paragraph Subservicer shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only in accordance with Section 10.12 hereof. As part of its servicing duties, Servicer or the Subservicer shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Master Mortgage Loan Purchase and Servicing Agreement (Sequoia Mortgage Trust 2010-H1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "The Hemisphere National Bank, in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Xxxxx xxx xxxious Mortgagors." The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrxx xxxounts. Ix xxx xase, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “The Hemisphere National Bank, in the form trust for Mxxxxx Sxxxxxx Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "The Hemisphere National Bank, in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loxxx xxd xxxxxxs Mortgagors." The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow xxxxxxts. In axx xxxx, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and (a) The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such the Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), in the form of trust time deposit or demand accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on interest bearing, titled "_______, in trust for Wachovia Bank, National Association and successor Holders from time to time of Conventional Residential Adjustable-Rate [or Fixed Rate] First Mortgage Loans, and various Mortgagors." The Escrow Account shall be an Eligible Account. Notwithstanding the foregoing, prior to remittance, such funds may be deposited in an Eligible Account that commingles such funds with additional funds held by the ServicerSeller for the benefit of the Purchaser. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by (A) a certification in the form of Exhibit E attached hereto, and in the case of any change thereofan account established with the Seller, 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 Seller. In either case, a copy of such certification or letter agreement shall be furnished to the Purchaser on or prior to the use thereof. Nothing in this paragraph Closing Date and thereafter to any Purchaser upon request.
(b) The Seller shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basisbasis within one Business Day of receipt, and retain therein, : (i) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Loans 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 Seller shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in from the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposesonly in accordance with Section 4.
Appears in 1 contract
Samples: Master Purchase and Servicing Agreement (Luminent Mortgage Trust 2006-7)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "The Hemisphere National Bank, in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Xxxxx axx xxxxous Mortgagors." The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrox xxxxunts. In xxx xxse, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Fremont Bank, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Fremont Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "American Home Mortgage Servicing, Inc., in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loaxx xxx xxxxxxx Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow axxxxxxs. In anx xxxx, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “[SERVICER], in the form trust for Gxxxxxx Sxxxx Mortgage Company as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fxxxxx Mxx or Freddie Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “[ ], in the form trust for Redwood Residential Acquisition Corporation as Owner of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository Affiliate of Servicer), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at [ ], or any successor thereto, and shall not be transferred to any other depository institution without the Owner’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 10.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Flow Mortgage Loan Servicing Agreement (Sequoia Residential Funding Inc)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Bank of America, National Association, in the form trust for Xxxxxxxxx Mortgage Home Loans, Inc. as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits guidelines set forth by Xxxxxx Xxx or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Bank of America, National Association, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 10.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Bank of America, National Association, in the form trust for EMC Mortgage Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Bank of America, National Association, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac5)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "Bank of America, National Association, in the form trust for Lehman Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and varioux Xxxxgagors." The Escrow Accounts Account shall be established with a commercial bankQualified Depository. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the "Escrow Payments Account Certification") substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 11 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy (if any). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the (a) The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), in the form of time deposit or demand accounts, which may be interest bearing, titled, with respect to Escrow Payments actually held by the Servicer, "_______________________ in trust accountsfor various Mortgagors, Taxes and Insurance Escrow Funds". Such Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which association. The Escrow Account shall provide maximum available insurance thereunder, be an Eligible Account and which may be drawn on by the ServicerServicer as provided herein. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by (a) a certification in the form of Exhibit D hereto, and in the case of any change thereofan account established with the Servicer, prior or (b) a letter agreement in the 20 -------------------------------------------------------------------------------- NOMURA ASSET CAPITAL CORPORATION EXHIBIT M PAGE M-20 AUGUST 1, 1995 FORM OF SERVICING AGREEMENT -------------------------------------------------------------------------------- form of Exhibit E hereto, in the case of an account held by a depository other than the Servicer. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph Owner upon request.
(b) The Services shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account within two (2) Business Days of receipt or Accounts on a daily basis, earlier if so required by law and retain therein, : (i) all Escrow Payments collected on account of any 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 therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in accordance with Section 5.113.07 hereof. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to To the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow may not bear interest.
(c) The Servicer may invest the funds in an Escrow 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 such Escrow Account for the purposes specified in Section 3.07 (except that if such Permitted Instrument is an obligation of the institution that maintains such Escrow Account, then such Permitted Instrument shall mature not later than such withdrawal date) and shall not be sold or disposed of prior to its maturity. In the absence of any such investment, the Servicer shall hold all funds in the Escrow Account uninvested. All such Permitted Instruments shall be made in the name of the Servicer in the trust capacity in which the related Escrow Account is non-interest-bearing held or that its nominee. The Servicer shall receive as additional servicing compensation an amount equal to all income and gain realized from any such investment, to the extent in excess of amounts necessary to make any interest paid thereon is insufficient for payments required to be made to the applicable Mortgagor. The amount of any losses incurred in respect of any such purposesinvestment shall be deposited in the related Escrow Account by the Servicer out of its own funds immediately as realized.
Appears in 1 contract
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "American Home Mortgage Servicing, Inc. as Servicer, in the form trust for Goldman Sachs Mortgage Company as Purchaser of trust accounts. Such Mortgage Loans and xxxxxxx Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow acxxxxxx. Xx any xxxx, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-6)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “American Home Mortgage Servicing, Inc. as Servicer, in the form trust for Gxxxxxx Sachs Mortgage Company as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fxxxxx Mxx or Fxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-Oa1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any(a) On direct serviced loans, the Interim Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more a JANY commercial-mortgage loan escrow account, a JANY residential-mortgage loan escrow account, a SunAmerica commercial-mortgage loan escrow account and a SunAmerica residential-mortgage loan escrow account (collectively, the "Escrow Accounts"), in the form of which shall be trust accounts, titled "John Xxxxx Xxxet Management Company, as Interim Servicer in trust for JANY Commercial Mortgage Loans", the "John Xxxxx Xxxet Management Company, as Interim Servicer in trust for JANY Residential Mortgage Loans" , the "John Xxxxx Xxxet Management Company, as Interim Servicer in trust for SunAmerica Life Commercial Mortgage Loans" and the "John Xxxxx Xxxet Management Company, as Interim Servicer in trust for SunAmerica Life Residential Mortgage Loans", respectively. Such The Escrow Accounts shall be established with a an investment grade commercial bank, a mutual savings bank or a savings and loan association the deposits of which are . The Escrow Accounts shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the ServicerFederal Deposit Insurance Corporation. The Servicer shall give notice to the Trustee of the location creation of any Escrow Account, and Accounts shall be evidenced by a letter agreement in the form of any change thereof, prior Exhibit "Two" hereto. A copy of such certification or letter agreement shall be furnished to the use thereofOwner. Nothing in this paragraph The Interim Servicer shall be deemed to require not close or move the Servicer to collect Escrow Payments Accounts without the prior written consent of the Owner. The Interim Servicer, on direct serviced loans, shall deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basisupon receipt, and retain therein, : (i) all Escrow Payments collected on account of any 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 therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.proceeds
Appears in 1 contract
Samples: Interim Servicing Agreement (Alden John Financial Corp)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Seller/Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "ABN AMRO Mortgage Group, Inc., in the form trust for Xxxxxxxxx Mortgage Home Loans, Inc., as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and financial institution (which may be drawn on a depository affiliate of Seller/Servicer), which meets the guidelines set forth by the ServicerXxxxxx Xxx or Xxxxxxx Mac as an eligible institution for escrow accounts. The Servicer shall give notice to the Trustee of the location Escrow Account must be an Eligible Account. The creation of any Escrow Account, and Account shall be evidenced by a certification in the form of any change thereof, prior Exhibit 5 hereto. A copy of such certification shall be furnished to the use thereofPurchaser upon request. Nothing in this paragraph The Seller/Servicer shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy to be paid to Purchaser against loan balance. The Seller/Servicer shall make withdrawals therefrom from the Escrow Account only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Seller/Servicer shall be entitled pay from interest earnings on the Escrow Account to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Mortgage Investments Inc)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Seller/Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “ABN AMRO Mortgage Group, Inc., in trust for Xxxxxxxxx Mortgage Home Loans, Inc., as the form Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and financial institution (which may be drawn on a depository affiliate of the Seller/Servicer), which meets the guidelines set forth by the ServicerXxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. The Servicer shall give notice to the Trustee of the location Escrow Account must be an Eligible Account. The creation of any Escrow Account, and Account shall be evidenced by a certification in the form of any change thereof, prior Exhibit 5 hereto. A copy of such certification shall be furnished to the use thereofPurchaser upon request. Nothing in this paragraph The Seller/Servicer shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) 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 therefrom only to effect such payments as are required under this Agreement, Property and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain (c) all amounts representing proceeds of any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law Primary Mortgage Insurance Policy to be paid to the related Mortgagor andPurchaser against loan balance. The Seller/Servicer shall make withdrawals from the Escrow Account only in accordance with Subsection 11.07 hereof. As part of its servicing duties, the Seller/Servicer shall pay from interest earnings on the Escrow Account to the Mortgagors interest on funds in the Escrow Account, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "GreenPoint Mortgage Funding, Inc., in the form trust for Morgan Stanley Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Xxxxx axx xxxxous Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrox xxxxunts. In xxx xxse, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-any Sub- Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any 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 (or Underlying Mortgaged Property, in the case of a Co-op Loan). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Establishment of Escrow Account; Deposits in Escrow Account. With respect Seller shall segregate and hold or cause any Subservicer to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, in the form of trust accounts"Escrow Account"). Such The Escrow Accounts Account shall be established with a commercial bankan Eligible Account. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a letter agreement in the form shown in Exhibit J. The original of such letter agreement shall be furnished to the Purchaser within five (5) Business Days after the Closing Date, and of upon request to any change thereof, prior to subsequent purchaser. Seller or the use thereof. Nothing in this paragraph Subservicer shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Section 10.12 hereof. As part of its servicing duties, Seller or the Subservicer shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2005-5)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Seller/Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "ABN AMRO Mortgage Group, Inc., in the form trust for Xxxxxxxxx Mortgage Home Loans, Inc., as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and financial institution (which may be drawn on a depository affiliate of Seller/Servicer), which meets the guidelines set forth by the ServicerXxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. The Servicer shall give notice to the Trustee of the location Escrow Account must be an Eligible Account. The creation of any Escrow Account, and Account shall be evidenced by a certification in the form of any change thereof, prior Exhibit 5 hereto. A copy of such certification shall be furnished to the use thereofPurchaser upon request. Nothing in this paragraph The Seller/Servicer shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy to be paid to Purchaser against loan balance. The Seller/Servicer shall make withdrawals therefrom from the Escrow Account only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Seller/Servicer shall be entitled pay from interest earnings on the Escrow Account to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Thorn Mort Sec Tr 2003-3)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the any Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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, in the 129 form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall shall, if requested by the Trustee, give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any Mortgage LoansLoans serviced by the Servicer, 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 (or Underlying Mortgaged Property, in the case of a Co-op Loan). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2007-A1)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “[name of Servicer], in the form trust for DLJ Mortgage Capital, Inc. as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall not be transferred to another depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "Bank of America, N.A., in the form trust for Xxxxxx Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors." The Escrow Accounts Account shall be established with a commercial bankQualified Depository. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the "Escrow Payments Account Certification") substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 10 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy (if any). The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Escrow Analysis
(a) The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), in the form of time deposit or demand accounts, which may be interest bearing, entitled “Washington Mutual Bank, FA, in trust accounts. Such for Xxxxxx Brothers Bank, FSB, as Owner, and any successor Owner, and certain Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bankQualified 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 mutual savings bank or a savings and loan association letter agreement substantially in the deposits form of which are insured Exhibit E attached hereto, in the case of an account held by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by an institution other than the Servicer. The In either case, the Servicer shall give notice deliver a copy of such certification or letter agreement to the Trustee of the location of any Escrow Account, and of any change thereof, Owner on or prior to the use Initial Closing Date.
(b) The Servicer shall, upon receipt (and in all events by not later than the end of the second Business Day following receipt thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments , or sooner if required by applicable law), deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (i) all Escrow Payments collected on account of any the Mortgage Loans, Loans for the purpose of effecting timely payment of any such escrow items as required under the terms of this 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 therefrom from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in accordance with Section 5.112.7. The Servicer shall be entitled to retain any interest paid earned on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor without right of reimbursement therefor notwithstanding that the Escrow Account is non-interest-bearing maintained by the Servicer may not bear interest or that the interest paid thereon earned on such escrowed funds is insufficient for such purposespurpose.
Appears in 1 contract
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which (a) Seller shall establish one or more Escrow Accounts for the Servicer or any Sub-Servicer collects deposit of Escrow Payments, if any, the Servicer shall, and . Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such in connection with the Mortgage Loan Loans which constitute Escrow Payments separate and apart from any of its own funds and general assets and from any other funds or amounts collected or held by Seller on behalf of third parties.
(b) Seller shall establish and maintain one or more transfer into the applicable Escrow Accounts, Account within 24 hours of deposit in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Payment Clearing Account, and of any change thereof, prior to retain therein the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, following payments and retain therein, collections:
(i) all Mortgagors' Escrow Payments collected on account of any in connection with the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement; and
(ii) all amounts representing proceeds of any hazard insurance policy Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer Seller shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are shall be as set forth or in accordance with Section 5.1111.09.
(c) Each Escrow Account will be maintained at the expense of Seller at a Qualified Depository. The Servicer Such accounts may be interest-bearing accounts provided that such accounts comply with all federal, state or local laws. Each Escrow Account shall be evidenced by an Escrow Account Certification, in the form of Exhibit 6 and shall be entitled "ABN AMRO Mortgage Group, Inc., as servicer, in trust for Purchaser and various Mortgagors, Fixed and Adjustable Rate Mortgage Loans." Seller shall ensure that all interest credited to retain any interest paid on funds deposited account that is not due the respective Mortgagor is removed by Seller in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by accordance with applicable law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Fifth Third Mortgage Company, in the form trust for Mxxxxx Sxxxxxx Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Embrace Home Loans, Inc., in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Citizens Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "Bank of America, N.A., in the form trust for Lehman Brothers Bank, FSB as Purchaser of trust accounts. Such Mortgage Loans and various Xxxxxxgors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow accouxxx. Xn xxy caxx, xxx Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee creation of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph Account shall be deemed to require evidenced by a certificate delivered by the Servicer to collect (the "Escrow Payments Account Certification") substantially in the absence form of a provision in the related Mortgage requiring such collectionExhibit 10 hereto. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and Agreement, (iib) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and (c) all amounts representing proceeds of any Primary Mortgage Insurance Policy. The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “GreenPoint Mortgage Funding, Inc., in the form trust for Mxxxxx Sxxxxxx Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "GreenPoint Mortgage Funding, Inc., in the form trust for Xxxxxx Xxxxxxx Mortgage Capital Inc. as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “SunTrust Mortgage, Inc., in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basiswithin two (2) Business Days of receipt, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Bank of America, National Association, in the form trust for EMC Mortgage Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Bank of America, National Association, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac6)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “[name of Servicer], in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of guidelines set forth by Xxxxxx Mae or Xxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall not be transferred to another depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. 43 The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07 hereof. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.. Subsection 11.07
Appears in 1 contract
Samples: Purchase Agreement
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and The Seller shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), titled “Provident Savings Bank, in the form trust for Redwood Residential Acquisition Corporation as Purchaser of trust accounts. Such Mortgage Loans and various Mortgagors.” The Escrow Accounts Account shall be an Eligible Account established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Seller), which meets the deposits of guidelines set forth by Fxxxxx Mae or Fxxxxxx Mac as an eligible institution for escrow accounts. The Escrow Account shall initially be established and maintained at Provident Savings Bank, or any successor thereto, and shall not be transferred to any other depository institution without the Purchaser’s approval, which are shall not unreasonably be withheld. In any case, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the ServicerSeller. The Servicer Seller shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (iib) 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 Seller shall make withdrawals therefrom only in accordance with Subsection 11.07 hereof. As part of its interim servicing duties, the Seller shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3)
Establishment of Escrow Account; Deposits in Escrow Account. With respect to those Mortgage Loans on which the The Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the "Escrow Account"), titled "First Horizon Home Loan Corporation, in the form trust for Goldman Sachs Mortgage Company as Purchaser of trust accounts. Such Mortgage Loans and xxxxxxx Mortgagors." The Escrow Accounts Account shall be established with a commercial bank, a mutual savings bank or a savings and loan association (which may be a depository affiliate of Servicer), which meets the deposits of which are guidelines set forth by Fannie Mae or Freddie Mac as an eligible institution for escrow acxxxxxx. Xx any xxxx, the Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location creation of any Escrow AccountAccount shall be evidenced by a certification in the form of Exhibit 6 hereto, and in the case of any change thereofan account established with a depository affiliate of the Servicer, prior or by a letter agreement in the form of Exhibit 7 hereto, in the case of an account held by a depository. In either case, a copy of such certification or letter agreement shall be furnished to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collectionPurchaser upon request. The Servicer shall deposit, or cause to be deposited, deposit in any the Escrow Account or Accounts on a daily basis, basis within two (2) Business Days of receipt thereof and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, as applicable for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) 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 therefrom only to effect such payments as are required under this Agreementin accordance with Subsection 11.07. As part of its servicing duties, and for such other purposes as are set forth in Section 5.11. The the Servicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.
Appears in 1 contract
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-16)
Establishment of Escrow Account; Deposits in Escrow Account. With respect The Servicer shall segregate and hold or cause any Subservicer to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan 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 AccountsAccounts (collectively, the “Escrow Account”), in the form of trust time deposit or demand accounts, which may be interest bearing. Such The Escrow Accounts Account shall be established an Eligible Account. On or prior to the Closing Date and thereafter upon request of the Purchaser, the Servicer shall provide the Purchaser with a commercial bankwritten confirmation of the existence of such Escrow Account in the form of Exhibit J. In any case, a mutual savings bank or a savings and loan association the deposits of which are Escrow Account shall be insured by the FDIC in a manner which shall provide maximum available insurance thereunder, thereunder and which may be drawn on by the Servicer. The Servicer or the Subservicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments deposit in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, : (ia) all Escrow Payments collected on account of any the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement Agreement, and (iib) all amounts representing proceeds of any hazard insurance policy Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals therefrom only in accordance with Section 7.12 hereof. As part of its servicing duties, the Servicer or the Subservicer shall pay to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any the Mortgagors interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor andAccount, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor law notwithstanding that the Escrow Account is non-interest-interest bearing or that interest paid thereon is insufficient for such purposes, without any right of reimbursement therefor.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Sequoia Mortgage Trust 2013-1)