Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein: (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement; (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and (iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The 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 to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 16 contracts
Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2006-Cl1), Purchase, Warranties and Servicing Agreement (Prime Mortgage Trust 2007-1), Purchase, Warranties and Servicing Agreement (SACO I Trust 2006-5)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, no later than 48 hours after receipt of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-5), Servicing Agreement (Prime Mortgage Trust 2007-1), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-4)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds Any funds deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. B. The original of such letter agreement shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account out of the Servicer’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basisno later than the second Business Day after receipt of funds, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 9 contracts
Samples: Reconstituted Servicing Agreement (HarborView 2007-3), Reconstituted Servicing Agreement (HarborView 2006-10), Reconstituted Servicing Agreement (HarborView Mortgage Loan Trust 2005-15)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, no later than the second Business Day after receipt of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution Qualified Depository other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 7 contracts
Samples: Servicing Agreement (SACO I Trust 2006-7), Servicing Agreement (SACO I Trust 2006-8), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one (1) or more Escrow Accounts. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement Accounts in the form shown in Exhibit C. The original of time deposit or demand accounts, which accounts shall be Eligible Accounts. Servicer shall provide the Seller with written evidence of the creation of such letter agreement shall be furnished to Escrow Account(s) upon the Purchaser on request of the Closing Date, and upon request to any subsequent purchaserSeller. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basisAccount(s) within two (2) Business Days, and retain therein:
, (ia) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
and (iib) all Other Insurance Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.075.7. The Company Servicer shall be entitled to retain any interest paid by the depository institution on funds deposited in the Escrow Account by the depository institution other than except interest on escrowed funds required by law to be paid to the Mortgagor. Servicer shall pay Mortgagor and, to interest on the extent escrowed funds at the rate required by law, the Company shall pay interest on escrowed funds to the Mortgagor law notwithstanding that the Escrow Account is non-interest bearing or that the interest paid by the depository institution thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in pay the Escrow AccountMortgagor interest at the rate required by law.
Appears in 7 contracts
Samples: Mortgage Loan Servicing Rights Purchase and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar1), Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2007-Nc1), Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2006-He2)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. (a) The Company Seller shall establish one or more Escrow Accounts for the deposit of Escrow Payments. Seller shall segregate and hold all funds collected and received pursuant to each 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 the Seller on behalf of third parties.
(b) The Seller shall establish and maintain one or more Escrow Accounts. The transfer into the applicable Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations within two (2) Business Days of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basisreceipt thereof, and retain thereintherein the following payments and collections:
(i) all Mortgagors' Escrow Payments collected on account of 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
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.0711.08.
(c) Each Escrow Account will be maintained at the expense of the Seller at a Qualified Depository. The Company Such accounts may be interest-bearing accounts provided that such accounts comply with all federal state or local laws, any other requirements of any government or any agency or instrumentality thereof applicable to the origination and servicing of the Mortgage Loans, the management of the Mortgage Property, and the provision of services hereunder by the Seller as well as all local, state and federal laws and regulations governing interest-bearing accounts and borrower escrow accounts. Each Escrow Account shall be evidenced by an Escrow Account Certification, in the form of Exhibit 7 and shall be entitled "Countrywide Home Loans, Inc., as servicer, in trust for the Purchaser and various Mortgagors, Fixed and Adjustable Rate Mortgage Loans." The Seller shall ensure that all interest credited to retain any interest paid on funds deposited in account that is not due the Escrow Account respective Mortgager is removed by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for Seller within thirty (30) days of receipt of such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountinterest.
Appears in 6 contracts
Samples: Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Backed Securities Trust, Series 2007-3), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar2), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Seller shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Seller in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the initial Closing Date, and upon request to any subsequent purchaser. The Company Seller shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 to the Mortgagor and, to the extent required by law, the Company Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountpurposes without reimbursement.
Appears in 6 contracts
Samples: Mortgage Loan Purchase Agreement (J.P. Morgan Alternative Loan Trust 2006-S1), Mortgage Loan Purchase Agreement (J.P. Morgan Mortgage Trust 2006-S1), Mortgage Loan Purchase Agreement (J.P. Morgan Mortgage Trust 2006-S4)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each First Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one (1) or more Escrow Accounts. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07form of time deposit or demand accounts. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown set forth in Exhibit C. The original C hereto. A copy of such letter agreement shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Escrow Account shall be an Eligible Account. Any funds on deposit in any Escrow Account may only be invested in accordance with Section 4.16. The Servicer shall deposit in the Escrow Account or Accounts on a daily basisbasis within two (2) Business Days of receipt and acceptance, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Other Insurance Proceeds and any applicable Condemnation Proceeds which are to be applied only to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient Property and not to cover escrow disbursementsground rents, taxes, assessments, water rates, hazard insurance premiums, Primary Insurance Policy premiums, if applicable, and similar items. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.07. The Company 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 Mortgagor Mortgagors and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in , provided that the Escrow Accountaccounts are Eligible Accounts.
Appears in 5 contracts
Samples: Servicing Agreement (Altisource Residential Corp), Servicing Agreement (Altisource Residential Corp), Servicing Agreement (Altisource Residential Corp)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Seller shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Seller in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. C hereto. The original of such letter agreement shall be furnished to the Purchaser on the initial Closing Date, and upon request to any subsequent purchaser. The Company Seller shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(iiAgreement;(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iiiii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 to the Mortgagor and, to the extent required by law, the Company Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 5 contracts
Samples: Purchase Agreement (Starm Mortgage Loan Trust 2007-2), Purchase Agreement (STARM Mortgage Loan Trust 2007-3), Purchase Agreement (MASTR Asset Securitization Trust 2006-3)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Seller shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Seller in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Seller shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 to the Mortgagor and, to the extent required by law, the Company Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountpurposes without reimbursement therefor.
Appears in 5 contracts
Samples: Mortgage Loan Purchase, Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-1f), Mortgage Loan Purchase, Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-2f), Mortgage Loan Purchase, Warranties and Servicing Agreement (Banc of America Funding 2006-5 Trust)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Countrywide shall segregate and hold all funds collected and received pursuant to each Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one (1) or more Escrow Accounts. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement Accounts in the form shown in Exhibit C. The original of time deposit or demand accounts, which accounts shall be Eligible Accounts. Countrywide shall provide the Purchaser with written evidence of the creation of such letter agreement shall be furnished to the Purchaser on the Closing Date, and Escrow Account(s) upon request to any subsequent purchaserrequest. The Company Countrywide shall deposit in the Escrow Account or Accounts on a daily basisAccount(s) within two (2) Business Days, and retain therein:
, (ia) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (iib) all Other Insurance Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Countrywide shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.073.07 of this Agreement. The Company Countrywide shall be entitled to retain any interest paid by the depository institution on funds deposited in the Escrow Account by the depository institution other than except interest on escrowed funds required by law to be paid to the Mortgagor. Countrywide shall pay Mortgagor and, to interest on the extent escrowed funds at the rate required by law, the Company shall pay interest on escrowed funds to the Mortgagor law notwithstanding that the Escrow Account is non-interest bearing or that the interest paid by the depository institution thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in pay the Escrow AccountMortgagor interest at the rate required by law.
Appears in 4 contracts
Samples: Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2006-He2), Assignment, Assumption and Recognition Agreement (HSI Asset Securitization CORP Trust 2006-He1), Assignment, Assumption and Recognition Agreement (HSI Asset Loan Obligation Trust 2007-Ar1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The 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 to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2006-1), Purchase, Warranties and Servicing Agreement (Prime Mortgage Trust 2007-1), Pooling and Servicing Agreement (Prime Mortgage Trust 2006-2)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account Accounts which accounts shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccounts, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07form of time deposit or demand accounts. The creation of any Escrow Account shall be evidenced by (i) a certification in the form shown in Exhibit 9-5 hereto, in the case of an account established with the Company, or (ii) a letter agreement in the form shown in Exhibit C. The original 9-6 hereto, in the case of an account held by a depository other than the Company. In either case, a copy of such certification or letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaserrequest. The Company shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days from receipt thereof, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Other Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.074.08. The 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 to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 3 contracts
Samples: Mortgage Loan Purchase and Servicing Agreement (MASTR Alternative Loan Trust 2007-1), Mortgage Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-Oa2), Mortgage Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-3)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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 time deposit or demand accounts. A copy of such letter agreement shall be furnished to the Trustee upon request. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basisbasis within two Business Days of receipt, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.073.07. The Company 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 Mortgagor and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds Any funds deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account out of the Servicer’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 3 contracts
Samples: Reconstitution Agreement (HarborView 2007-2), Reconstitution Agreement (HarborView 2007-7), Servicing Agreement (Harborview 2006-Bu1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, no later than the second Business Day after receipt of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser Owner on the Closing initial Transfer Date, and upon request to any subsequent purchaserOwner. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountpurposes without reimbursement.
Appears in 3 contracts
Samples: Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1), Flow Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A7), Flow Servicing Agreement (J.P. Morgan Mortgage Trust 2006-S4)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac4)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall, or shall cause the Subservicer to, segregate and hold all funds collected and received pursuant to each 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. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer or the Subservicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on Master Servicer upon request. Each of the Closing Date, Servicer and upon request the Subservicer acknowledges and agrees that it shall bear any losses incurred with respect to any subsequent purchaserPermitted Investments it directs. The Company amount of any such losses shall be immediately deposited by the Servicer or the Subservicer into the Escrow Account out of its own funds, with no right to reimbursement therefor. The Servicer shall, or shall cause the Subservicer to, deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer’s receipt, and retain therein:
(ia) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(iib) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iiic) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer or the Subservicer shall make withdrawals from the an Escrow Account it maintains only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer or the Subservicer, as the case may be, shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account at which it is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountmaintained.
Appears in 2 contracts
Samples: Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4), Servicing Agreement (Peoples Choice Home Loan Securities Corp)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall, or shall cause the Subservicer to, segregate and hold all funds collected and received pursuant to each 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. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer or the Subservicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on Master Servicer upon request. Each of the Closing Date, Servicer and upon request the Subservicer acknowledges and agrees that it shall bear any losses incurred with respect to any subsequent purchaserPermitted Investments it directs. The Company amount of any such losses shall be immediately deposited by the Servicer or the Subservicer into the Escrow Account out of its own funds, with no right to reimbursement therefor. The Servicer shall, or shall cause the Subservicer to, deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer or the Subservicer shall make withdrawals from the an Escrow Account it maintains only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer or the Subservicer, as the case may be, shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account at which it is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountmaintained.
Appears in 2 contracts
Samples: Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an Escrow Account Certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, no later than the second Business Day after receipt of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds and Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution Qualified Depository other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 2 contracts
Samples: Servicing Agreement (MASTR Alternative Loan Trust 2007-1), Servicing Agreement (MASTR Alternative Loan Trust 2006-3)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Seller shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Seller in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Seller shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 to the Mortgagor and, to the extent required by law, the Company Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp), Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Seller shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Seller in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. C hereto. The original of such letter agreement shall be furnished to the Purchaser on the initial Closing Date, and upon request to any subsequent purchaser. The Company Seller shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
; (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iiiii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 to the Mortgagor and, to the extent required by law, the Company Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 2 contracts
Samples: Purchase Agreement (STARM Mortgage Loan Trust 2007-S1), Purchase Agreement (MASTR Asset Securitization Trust 2007-2)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain maintain, or cause to be established and maintained in accordance with the Option One Subservicing Agreement one or more Escrow Accounts. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account out of the Servicer’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iiiii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 2 contracts
Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-2), Servicing Agreement (Encore Credit Receivables Trust 2005-3)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company shall deposit in a mortgage clearing account on a daily basis, and in the Escrow Account or Accounts on a daily basisno later than 48 hours after receipt of funds, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The 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 to the extent permitted by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. in accordance with applicable law.. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account out of the Servicer’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer’s receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iiiii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2005-3), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp. Asset-Backed Pass-Through Certificates, Series 2005-4)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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 time deposit or demand accounts. A copy of such letter agreement shall be furnished to the Trustee upon request. The Escrow Account shall be an Eligible Account. Funds The Servicer shall deposit or cause to be deposited on a daily basis and in each Escrow Account shall at all times be insured no event more than one Business Day after receipt thereof in a manner to provide maximum insurance under the insurance limitations of the FDIC, or clearing account (which must be invested an Eligible Account) in Permitted Investments. Funds deposited which it customarily deposits payments and collections on mortgage loans in the Escrow Account may be drawn on by the Company in accordance connection with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Dateits mortgage loan servicing activities, and upon request to any subsequent purchaser. The Company shall thereafter deposit in the Escrow Account or Accounts on a daily basisAccounts, in no event more than one Business Day after deposit of such funds in the clearing account, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.073.07. The Company 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 Mortgagor and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-Wmc1), Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-He2)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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 time deposit or demand accounts. A copy of such letter agreement shall be furnished to the Trustee upon request. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin three Business Days of receipt, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.073.07. The Company 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 Mortgagor and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2004-2 Trust), Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iiiii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-2)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company (a) Option One shall establish one or more Escrow Accounts for the deposit of Escrow Payments. Option One shall segregate and hold all funds collected and received pursuant to each 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 Option One on behalf of third parties.
(b) Option One shall establish and maintain one or more Escrow Accounts. The transfer into the applicable Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations within 24 hours of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basisPayment Clearing Account, and retain thereintherein the following payments and collections:
(i) all Mortgagors' Escrow Payments collected on account of 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
(ii) all Insurance Proceeds and/or Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Option One shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.0711.08.
(c) Each Escrow Account will be maintained at the expense of Option One at a Qualified Depository. The Company Such accounts may be interest-bearing accounts provided that such accounts comply with all federal state or local laws, any other requirements of any government or any agency or instrumentality thereof applicable to the origination and servicing of the Mortgage Loans, the management of the Mortgage Property, and the provision of services hereunder by Option One as well as all local, state and federal laws and regulations governing interest-bearing accounts and borrower escrow accounts. Each Escrow Account shall be evidenced by an Escrow Account Certification, in the form of Exhibit 7 and shall be entitled "Option One Mortgage Corporation, as servicer, in trust for the Purchaser and various Mortgagors, Fixed and Adjustable Rate Mortgage Loans." Option One shall ensure that all interest credited to retain any interest paid on funds deposited in account that is not due the Escrow Account respective Mortgagor is removed and retained by the depository institution other than interest on escrowed funds required by law Option One, pursuant to be paid to the Mortgagor and, to the extent required by applicable law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for within thirty (30) days of receipt of such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountinterest.
Appears in 1 contract
Samples: Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. B. The original of such letter agreement shall be furnished to the Purchaser on the Closing DateOwner, and upon request to any subsequent purchaserOwner. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2005-5)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Seller shall, or shall instruct its sub-servicer to, segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Seller shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
; and, (ii) all Insurance Proceeds and applicable Condemnation Proceeds which are to be applied to the restoration or repair of any the related Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with this Section 4.0711.04. The Company 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 to the Mortgagor and, to the extent required by law, the Company Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not Withdrawals from the Escrow Account may be responsible made by Seller: (i) to effect timely payments of ground rents, taxes, assessments, water rates, hazard insurance premiums, primary mortgage insurance premiums, if applicable, and comparable items; (ii) to reimburse Seller for any losses suffered Servicing Advances made by Seller with respect to investment a related Mortgage Loan but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder; (iii) to refund to the Mortgagor any funds as may be determined to be overages; (iv) for transfer to the Seller Custodial Account in accordance with the terms of this Agreement; (v) for application to restoration or repair of the Mortgaged Property; (vi) to pay to Seller, or to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; or, (vii) to clear and terminate the Escrow Account on the termination of this Agreement.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Angel Oak Mortgage REIT, Inc.)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, no later than 48 hours after receipt and identification of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust II 2007-1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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 time deposit or demand accounts. A copy of such letter agreement shall be furnished to the Trustee upon request. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basisbasis within two Business Days of receipt, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
, provided, however, the Servicer shall deposit such amounts within two Business Days after determining the proper application of funds that were improperly marked but would otherwise constitute funds pursuant to clauses (iiii) all Servicing Advances for Mortgagors whose Escrow Payments and (ii) of this sentence. For the avoidance of doubt, returned checks are insufficient not funds received by the Servicer pursuant to cover escrow disbursementsthis Section 3.06. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.073.07. The Company 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 Mortgagor and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Trust 2007-Cb3)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. (a) The Company Seller shall establish one or more Escrow Accounts for the deposit of Escrow Payments. Seller shall segregate and hold all funds collected and received pursuant to each 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 the Seller on behalf of third parties.
(b) The Seller shall establish deposit the following payments and maintain one or more Escrow Accounts. The collection into the applicable Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, basis on the Business Day following receipt thereof and retain therein:
(i) all Mortgagors’ Escrow Payments collected on account of 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
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.0711.08.
(c) Each Escrow Account will be maintained at the expense of the Seller at a Qualified Depository. The Company Such accounts may be interest-bearing accounts provided that such accounts comply with all federal state or local laws, any other requirements of any government or any agency or instrumentality thereof applicable to the origination and servicing of the Mortgage Loans, the management of the Mortgaged Property, and the provision of services hereunder by the Seller as well as all local, state and federal laws and regulations governing interest-bearing accounts and Mortgagor escrow accounts. Each Escrow Account shall be evidenced by an Escrow Account Certification, in the form of Exhibit 7 and shall be entitled “[—], as servicer, in trust for [Purchaser] and various Mortgagors, Fixed and Adjustable Rate Mortgage Loans.” The Seller shall ensure that all interest credited to retain any interest paid on funds deposited in account that is not due the Escrow Account respective Mortgagor is removed by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for Seller within thirty (30) days of receipt of such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountinterest.
Appears in 1 contract
Samples: Master Mortgage Loan Purchase and Interim Servicing Agreement (FBR Securitization, Inc.)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain maintain, or cause to be established and maintained in accordance with the Option One Subservicing Agreement one or more Escrow Accounts. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit EXHIBIT C. The original of such letter agreement account certification shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iiiii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 1 contract
Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Subservicer shall segregate and hold all funds collected and received pursuant to each 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. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Subservicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on the Closing Date, and Company upon request to any subsequent purchaserrequest. The Company Subservicer acknowledges and agrees that the Subservicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Subservicer in the Escrow Account out of the Subservicer’s own funds, with no right to reimbursement therefor. The Subservicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Subservicer's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;; and
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
Property (iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursementsunless otherwise held in a suspense account). The Company Subservicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Subservicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 1 contract
Samples: Subservicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each First Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one (1) or more Escrow Accounts. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07form of time deposit or demand accounts. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown set forth in Exhibit C. The original C hereto. A copy of such letter agreement shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Escrow Account shall be an Eligible Account. Any funds on deposit in any Escrow Account may only be invested in accordance with Section 5.16. The Servicer shall deposit in the Escrow Account or Accounts on a daily basisbasis within one (1) Business Day of receipt, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Other Insurance Proceeds and any applicable Condemnation Proceeds which are to be applied only to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient Property and not to cover escrow disbursementsground rents, taxes, assessments, water rates, hazard insurance premiums, Primary Insurance Policy premiums, if applicable, and similar items. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.075.07. The Company 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 Mortgagor Mortgagors and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in , provided that the Escrow Accountaccounts are maintained at a depository institution selected by the Servicer.
Appears in 1 contract
Samples: Servicing Rights Purchase Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Each Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company applicable Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the initial Closing Date, and upon request to any subsequent purchaser. The Company Each Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Each Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company Each 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 Mortgagor and, to the extent required by law, the Company applicable Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountpurposes without reimbursement.
Appears in 1 contract
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Seller shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Seller in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Seller shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 to the Mortgagor and, to the extent required by law, the Company Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountpurposes without reimbursement.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Structured Asset Securities Corp)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. (a) The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. 4.7 hereof.
(b) The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Escrow Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. .
(c) The Company Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, Agreement and for such other purposes as shall be as set forth or in accordance with Section 4.074.7 hereof. The Company 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 Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Servicing Agreement (Etrade Mortgage Backed Securities Corp)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit EXHIBIT C. The original of such letter agreement shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, no later than 48 hours after receipt of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2005-5)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit EXHIBIT C. The original of such letter agreement shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, no later than the second Business Day after receipt of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution Qualified Depository other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2005-5)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Seller shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Seller in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Seller shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 to the Mortgagor and, to the extent required by law, the Company Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposespurposes without reimbursement. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.-39-
Appears in 1 contract
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Servicer shall deposit in a mortgage clearing account on a daily basis, and in the Escrow Account or Accounts on a daily basisno later than 48 hours after receipt of funds, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 to the extent permitted by law to be paid to the Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposesin accordance with applicable law. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Purchase, Warranties and Servicing Agreement (Homebanc Corp)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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 (which may be evidenced by a letter agreement), in the form of time deposit or demand accounts. A copy of such letter agreement shall be furnished to the Trustee upon request. The Escrow Account shall be an Eligible Account. Funds The Servicer shall deposit or cause to be deposited on a daily basis and in each Escrow Account shall at all times be insured no event more than one Business Day after receipt thereof in a manner to provide maximum insurance under the insurance limitations of the FDIC, or clearing account (which must be invested an Eligible Account) in Permitted Investments. Funds deposited which it customarily deposits payments and collections on mortgage loans in the Escrow Account may be drawn on by the Company in accordance connection with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Dateits mortgage loan servicing activities, and upon request to any subsequent purchaser. The Company shall thereafter deposit in the Escrow Account or Accounts on a daily basisAccounts, in no event more than one Business Day after deposit of such funds in the clearing account, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.073.07. The Company 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 Mortgagor and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-non interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ABFC 2006-Opt2 Trust)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, no later than two (2) Business Days after receipt of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 1 contract
Samples: Servicing Agreement (Bear Stearns ALT-A Trust 2007-2)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on the Closing Date, Master Servicer and Trustee upon request to any subsequent purchaserrequest. The Company Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account out of the Servicer’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;; and
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
Property (iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursementsunless otherwise held in a suspense account). The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 1 contract
Samples: Servicing Agreement (MortgageIT Mortgage Loan Trust 2006-1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company shall segregate and hold all funds collected and received pursuant to each Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and and, if requested by the Purchaser, shall establish and maintain one or more Escrow Accounts. , in the form of time deposit or demand accounts titled “[NAME OF COMPANY], as servicer, in trust for [NAME OF PURCHASER] and/or subsequent purchasers of Mortgage Loans, and various Mortgagors - Escrow.” The Escrow Account shall be an Eligible established at a Qualified Depository. Upon request of the Purchaser and within ten (10) days thereof, the Company shall provide the Purchaser with written certification acceptable to the Purchaser of the existence of such Escrow Account. Funds Any funds deposited in each the Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaserfullest extent allowed by Applicable Law. The Company shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The 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 to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser For avoidance of doubt, Escrow Payments that have been netted from the Purchase Price and held in the Company’s existing escrow accounts shall continue to be made available to the Mortgagors by the Company (or its designee) through the Servicing Transfer Date and such Escrow Payments shall not be responsible for required to be deposited in any losses suffered with respect to investment of funds in the Escrow AccountAccounts.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Interim Servicing Agreement (Five Oaks Investment Corp.)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds Any funds deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 1 contract
Samples: Servicing Agreement (Luminent Mortgage Trust 2006-6)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company For the Mortgage Loans related to each Owner, the Servicer shall segregate and hold all funds collected and received pursuant to each First Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets (and separate and apart from the funds relating to the Mortgage Loans for any other Owner or other Person) and shall establish and maintain one (1) or more Escrow Accounts. The Escrow Account shall be an Eligible Account. Funds deposited in Accounts with respect to each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICOwner, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07form of time deposit or demand accounts. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown set forth in Exhibit C. The original C hereto. A copy of such letter agreement shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Escrow Account shall be an Eligible Account. Any funds on deposit in any Escrow Account may only be invested in accordance with Section 4.16. The Servicer shall deposit in the applicable Escrow Account or Accounts on a daily basisbasis within two (2) Business Days of receipt and acceptance, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage LoansLoans with respect to the related Owner, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Other Insurance Proceeds and any applicable Condemnation Proceeds which are to be applied only to the restoration or repair of any related Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient Property and not to cover escrow disbursementsground rents, taxes, assessments, water rates, hazard insurance premiums, Primary Insurance Policy premiums, if applicable, and similar items. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.07. The Company 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 Mortgagor Mortgagors and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in , provided that the Escrow Accountaccounts are Eligible Accounts.
Appears in 1 contract
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall, or shall cause the Subservicer to, segregate and hold all funds collected and received pursuant to each 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. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer or the Subservicer in accordance with Section 4.074.07 hereof. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit C. The original of such letter agreement account certification shall be furnished to the Purchaser on Master Servicer upon request. Each of the Closing Date, Servicer and upon request the Subservicer acknowledges and agrees that it shall bear any losses incurred with respect to any subsequent purchaserPermitted Investments it directs. The Company amount of any such losses shall be immediately deposited by the Servicer or the Subservicer, as applicable, into the Escrow Account out of its own funds, with no right to reimbursement therefor. The Servicer shall, or shall cause the Subservicer to, deposit in the Escrow Account or Accounts on a daily basiswithin two Business Days of Servicer’s receipt, and retain therein:
(ia) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(iib) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iiic) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer or the Subservicer shall make withdrawals from the an Escrow Account it maintains only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.074.07 hereof. The Company Except as provided in Section 4.07 hereof, the Servicer or the Subservicer, as the case may be, shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account at which it is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Accountmaintained.
Appears in 1 contract
Samples: Servicing Agreement (People's Financial Realty Mortgage Securities 2006-1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. (a) The Company Subservicer shall segregate and hold all funds collected and received pursuant to each 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, subject to Section 5.10(a). The With respect to Non-Agency Loans, and FHA, VA, and RHS guaranteed and insured loans that are not owned by or pooled with an Agency, such Escrow Accounts (i) shall be titled “ServiceMac, LLC, in trust for Home Point Financial Corporation and various Mortgagors” and (ii) shall be Eligible Accounts. With respect to Agency Loans, other than FHA, VA, and RHS guaranteed and insured loans that are not owned by or pooled with an Agency, such Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company established and maintained in accordance with Section 4.07Investor Guidelines and Agency Requirements, and the Subservicer’s records shall show the respective interest of the Investor and each Mortgagor in all such Escrow Accounts. The creation of any Escrow Account Accounts shall be evidenced by a letter agreement certificates delivered to the Owner/Servicer by the Subservicer (the “Escrow Account Certification”) substantially in the form shown in of Exhibit C. 3.
(b) The original of such letter agreement Subservicer shall be furnished to transfer into the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company shall deposit in the applicable Escrow Account as soon as practicable and in any event within two (2) Business Day of receipt (or Accounts on a daily basissuch earlier time required under Investor Guidelines or Agency Requirements), and retain thereintherein the following payments and collections:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;; and
(ii) all Insurance Proceeds amounts representing proceeds of any hazard insurance policy, flood insurance policy or other insurance policy, which are to be applied to the restoration or repair of any Mortgaged Property; and.
(iiic) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Subservicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.075.08(c) hereof. The Company As part of its servicing duties, the Subservicer shall be entitled pay to retain any the Mortgagors interest paid on funds deposited in the applicable Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor andAccount, to the extent required by lawApplicable Law, which amounts shall be reimbursed by the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is nonOwner/Servicer as a Pass-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountThrough Expense.
Appears in 1 contract
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section SECTION 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. EXHIBIT B. The original of such letter agreement shall be furnished to the Purchaser on Administrative Borrower, the Closing Date, Backup Servicer and Agent upon request to any subsequent purchaserrequest. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basis, basis and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section SECTION 4.07. The Company Servicer shall be entitled to retain or be paid any interest paid on funds deposited in the an Escrow Account by the depository institution Qualified Depository other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Servicing Agreement (American Business Financial Services Inc /De/)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Master Servicer shall segregate and hold all funds collected and received pursuant to each 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 time deposit or demand accounts (each an “Escrow Account” and collectively, the “Escrow Accounts”) and in accordance with all applicable laws, rules and regulations. The A copy of the letter agreement(s) governing such Escrow Account(s) between the Master Servicer and the depositary institution(s) with which such Escrow Account(s) are maintained shall be furnished to the Trustee upon request. Each Escrow Account shall be an Eligible Bank Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Master Servicer shall deposit in the Escrow Account or Escrow Accounts on a daily basis, within two Business Days of receipt, and retain therein:
(i) , all Escrow Payments collected on account of the Mortgage LoansPurchased Accounts, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Master Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.072.17. The Company To the extent permitted by all applicable laws, rules or regulations, the Master 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 Mortgagor Obligor and, to the extent required by lawthe related Mortgage, the Company Master Servicer shall pay interest on escrowed funds to the Mortgagor Obligor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser Master Servicer shall not prepare and deliver to each Obligor all statements required to be responsible for delivered to the Obligor under applicable laws, rules and regulations regarding the use of Escrow Payments and any losses suffered other statements so required. The Master Servicer shall use Escrow Payments only in accordance with respect to investment of funds in the Escrow Accountapplicable laws, rules and regulations.
Appears in 1 contract
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Seller shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Seller in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Seller shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged PropertyProperty and all Condemnation Proceeds affecting any Mortgaged Property which are not released to the Mortgagor in accordance with the Seller's normal servicing procedures, the loan documents or applicable law; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Seller shall make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company 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 to the Mortgagor and, to the extent required by law, the Company Seller shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2000-1)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company shall segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07form of time deposit or demand Eligible Accounts. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in of Exhibit C. The original B hereto. A copy of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaserHolder. The Company shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in or, in accordance with Section 4.07with, the Guide. The 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 to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Master Repurchase Agreement (Austin Funding Com Corp)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser Owner on the Closing initial Servicing Transfer Date, and upon request . The Servicer shall give notice to the Owner prior to any subsequent purchaserchange of the location of the Escrow Account. The Company Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer’s own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on a daily basis (which account shall be established with a Qualified Depository) and in the Escrow Account or Accounts on a daily basis, no later than the second Business Day after receipt of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds and Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution Qualified Depository other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Servicing Agreement (Deutsche Alt-a Securities Inc)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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 time deposit or demand accounts. A copy of such letter agreement shall be furnished to the Trustee upon request. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basisbasis within one Business Day of deposit in the Payment Clearing Account, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.073.07. The Company 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 Mortgagor and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a depository in accordance with Accepted Servicing Practices. Funds deposited in each Escrow Account Account, which shall be deposited within 24 hours of receipt, shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit EXHIBIT C. The original of such letter agreement shall be furnished to the Purchaser on Owner no later than the Closing Effective Date, and upon request to any subsequent purchaser. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds and Condemnation Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution Qualified Depository other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company shall segregate and hold all funds collected and received pursuant to each 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 time deposit or demand accounts. The Each Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by (i) a certification in the form shown in Exhibit D hereto, in the case of an account established with the Company, or (ii) a letter agreement in the form shown in Exhibit C. The original E hereto, in the case of an account held by a depository other than the Company. In either case, a copy of such certification or letter agreement shall be furnished to the Purchaser on the Closing Date, and then Owner upon request to any subsequent purchaserrequest. The Company shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company shall be entitled to retain any interest paid on funds deposited in into the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon funds therein is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (Greenwich Capital Acceptance Inc)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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 time deposit or demand accounts. A copy of such letter agreement shall be furnished to the Trustee upon request. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company Servicer shall deposit in the Escrow Account or Accounts on a daily basisbasis within three Business Days of receipt, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.073.07. The Company 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 Mortgagor and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp 2002 Wf1 Trust)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. EXHIBIT E. The original of such letter agreement shall be furnished to the Purchaser on the initial Closing Date, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution Qualified Depository other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser Company shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each First Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one (1) or more Escrow Accounts. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07form of time deposit or demand accounts. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown set forth in Exhibit C. The original D hereto. A copy of such letter agreement shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Escrow Account shall be an Eligible Account. Any funds on deposit in any Escrow Account may only be invested in accordance with Section 5.15. The Servicer shall deposit in the Escrow Account or Accounts on a daily basisbasis within one (1) Business Day of receipt, and retain therein:
, (i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
, and (ii) all Other Insurance Proceeds and any applicable Condemnation Proceeds which are to be applied only to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient Property and not to cover escrow disbursementsground rents, taxes, assessments, water rates, hazard insurance premiums, Primary Insurance Policy premiums, if applicable, and similar items. The Company Servicer shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth in, or in accordance with with, Section 4.075.07. The Company 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 Mortgagor Mortgagors and, to the extent required by lawthe related Mortgage Loan or Applicable Regulations, the Company Servicer shall pay from its own funds interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in , provided that the Escrow Accountaccounts are maintained at a depository institution selected by the Servicer.
Appears in 1 contract
Samples: Interim Servicing and Servicing Rights Purchase Agreement (First NLC Financial Services Inc)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company shall cause Servicer to segregate and hold all funds collected and received pursuant to each 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. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICFDIC or the NCUSIF, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser on the Closing Date, and upon request to any subsequent purchaser. The Company shall cause Servicer to deposit in the Escrow Account or Accounts on a daily basis, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company shall cause Servicer to make withdrawals from the Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company shall be entitled to retain receive 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 Mortgagor and, to the extent required by law, the Company shall cause Servicer to pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow Account.
Appears in 1 contract
Samples: Purchase, Warranties and Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Any funds deposited in an Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement an account certification in the form shown in Exhibit EXHIBIT C. The original of such letter agreement account certification shall be furnished to the Purchaser on the Closing Date, and Owner upon request to any subsequent purchaserrequest. The Company Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in the Escrow Account or Accounts on a daily basiswithin two (2) Business Days of Servicer's receipt, and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Countrywide shall segregate and hold all funds collected and received pursuant to each Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one (1) or more Escrow Accounts. The Escrow Account shall be an Eligible Account. Funds deposited in each Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDIC, or must be invested in Permitted Investments. Funds deposited in the Escrow Account may be drawn on by the Company in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement Accounts in the form shown of time deposit or demand accounts, which accounts shall be Eligible Accounts, titled “[Countrywide], in Exhibit C. The original trust for Banc of America Mortgage Capital Corporation and/or subsequent purchasers of Mortgage Loans - T&I.” Countrywide shall provide the Purchaser with written evidence of the creation of such letter agreement shall be furnished to Escrow Account(s) upon the Purchaser on request of the Closing Date, and upon request to any subsequent purchaserPurchaser. The Company Countrywide shall deposit in the Escrow Account or Accounts on a daily basisAccount(s) within two (2) Business Days, and retain therein:
, (ia) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement;
and (iib) all Other Insurance Proceeds which that are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Countrywide shall make withdrawals from the Escrow Account therefrom only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in accordance with Section 4.07. The Company Countrywide shall be entitled to retain any interest paid by the depository institution on funds deposited in the Escrow Account by the depository institution other than except interest on escrowed funds required by law to be paid to the Mortgagor. Countrywide shall pay Mortgagor and, to interest on the extent escrowed funds at the rate required by law, the Company shall pay interest on escrowed funds to the Mortgagor law notwithstanding that the Escrow Account is non-interest bearing or that the interest paid by the depository institution thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in pay the Escrow AccountMortgagor interest at the rate required by law.
Appears in 1 contract
Establishment of Escrow Accounts; Deposits in Escrow Accounts. The Company Servicer shall segregate and hold all funds collected and received pursuant to each 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. The Each Escrow Account shall be an Eligible Accountestablished with a Qualified Depository. Funds To the extent such funds are not deposited in each an Escrow Account shall at all times be insured in a manner to provide maximum insurance under the insurance limitations of the FDICAccount, or must such funds may be invested in Permitted Investments. Funds deposited in the an Escrow Account may be drawn on by the Company Servicer in accordance with Section 4.07. The creation of any Escrow Account shall be evidenced by a letter agreement in the form shown in Exhibit C. The original of such letter agreement shall be furnished to the Purchaser Owner upon request. The Servicer acknowledges and agrees that the Servicer shall bear any losses incurred with respect to Permitted Investments. The amount of any such losses shall be immediately deposited by the Servicer in the Escrow Account, as appropriate, out of the Servicer's own funds, with no right to reimbursement therefor. The Servicer shall deposit in a mortgage clearing account on the Closing Datea daily basis, and upon request to any subsequent purchaser. The Company shall deposit in the Escrow Account or Accounts on a daily basis, no later than two (2) Business Days after receipt and identification of funds and retain therein:
(i) all Escrow Payments collected on account of the Mortgage Loans, for the purpose of effecting timely payment of any such items as are required under the terms of this Agreement;
(ii) all Insurance Proceeds which are to be applied to the restoration or repair of any Mortgaged Property; and
(iii) all Servicing Advances for Mortgagors whose Escrow Payments are insufficient to cover escrow disbursements. The Company Servicer shall make withdrawals from the an Escrow Account only to effect such payments as are required under this Agreement, and for such other purposes as shall be as set forth or in and in accordance with Section 4.07. The Company Except as provided in Section 4.07, the Servicer shall be entitled to retain any interest paid on funds deposited in the an Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, to the extent required by law, the Company shall pay interest on escrowed funds to the Mortgagor notwithstanding that the Escrow Account is non-interest bearing or that interest paid thereon is insufficient for such purposes. The Purchaser shall not be responsible for any losses suffered with respect to investment of funds in the Escrow AccountQualified Depository.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3)