ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The Servicer shall cause to be established and maintained one or more Principal and Interest Accounts, in one or more Designated Depository Institutions, in the form of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan Center, Inc., in trust for the registered holders of Business Loan Center, SBA Loan-Backed Adjustable Rate Certificates, Series 1998-1, Class A and Class B." Such Principal and Interest Accounts shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by law. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. A copy of such letter agreement shall be furnished to the Trustee, the SBA and, upon request, any Certificateholder. (b) The Servicer and each Subservicer shall deposit without duplication (within two Business Days of receipt thereof) in the Principal and Interest Account and retain therein: (i) the Unguaranteed Percentage of all payments received after the Cut-Off Date on account of principal on the SBA Loans, including the Unguaranteed Percentage of all Excess Payments, Principal Prepayments and Curtailments collected after the Cut-Off Date; (ii) all payments received after the Cut-Off Date on account of interest on the SBA Loans (net of the portion thereof required to be paid to the related Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, and other servicing compensation payable to the Servicer as permitted herein); (iii) the Unguaranteed Percentage of all Net Liquidation Proceeds; (iv) the Unguaranteed Percentage of all Insurance Proceeds (other than amounts to be applied to restoration or repair of any related Mortgaged Property, or to be released to the Obligor in accordance with customary servicing procedures); (v) the Unguaranteed Percentage of all Released Mortgaged Property Proceeds; (vi) any amounts paid in connection with the repurchase of the Unguaranteed Interest of any SBA Loan and the amount of any Substitution Adjustment received pursuant to Sections 2.05 and 3.03; (vii) any amount required to be deposited in the Principal and Interest Account pursuant to Section 5.10; and (viii) the amount of any losses incurred in connection with investments in Permitted Instruments. (c) The foregoing requirements for deposit in the Principal and Interest Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed Interest, the Premium Protection Fee, the FTA's Fee and the Servicing Fee, with respect to each SBA Loan and the Additional Fee with respect to each Additional Fee SBA Loan, together with the difference between any Liquidation Proceeds and the related Net Liquidation Proceeds, need not be deposited by the Servicer in the Principal and Interest Account. (d) Any interest earnings on funds held in the Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the Principal and Interest Account by the Servicer immediately following its monthly remittance to the Trustee pursuant to Section 5.04(a). Any reference herein to amounts on deposit in the Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)
ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The Servicer shall cause to be established and maintained one or more Principal and Interest Accounts, in one or more Designated Depository InstitutionsInstitutions (provided, however, that one or more Principal and Interest Accounts may be established and maintained with FUNB so long as FUNB remains a Designated Depository Institution), in the form of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan CenterThe Money Store Investment Corporation and The Money Store of New York, Inc., in trust for the registered holders of Business Loan Center, The Money Store SBA Loan-Backed Adjustable Rate Certificates, Series 19981999-1, Class A A, Class M and Class B." Such Principal and Interest Accounts shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by law. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. A copy of such letter agreement shall be furnished to the Trustee, the SBA and, upon request, any Certificateholder.
(b) The Servicer and each Subservicer shall deposit without duplication (within two Business Days of receipt thereof) in the Principal and Interest Account and retain therein:
(i) the Unguaranteed Percentage of all payments received after the Cut-Off Date on account of principal on the SBA Loans, including the Unguaranteed Percentage of all Excess Payments, Principal Prepayments and Curtailments collected after the Cut-Off Date;
(ii) all payments received after the Cut-Off Date on account of interest on the SBA Loans (net of the portion thereof required to be paid to the related Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, and other servicing compensation payable to the Servicer as permitted herein);
(iii) the Unguaranteed Percentage of all Net Liquidation Proceeds;
(iv) the Unguaranteed Percentage of all Insurance Proceeds (other than amounts to be applied to restoration or repair of any related Mortgaged Property, or to be released to the Obligor in accordance with customary servicing procedures);
(v) the Unguaranteed Percentage of all Released Mortgaged Property Proceeds;
(vi) any amounts paid in connection with the repurchase of the Unguaranteed Interest of any SBA Loan and the amount of any Substitution Adjustment received pursuant to Sections 2.05 and 3.03;
(vii) any amount required to be deposited in the Principal and Interest Account pursuant to Section 5.04 or 5.10; and
(viii) the amount of any losses incurred in connection with investments in Permitted Instruments.
(c) The foregoing requirements for deposit in the Principal and Interest Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed InterestInterest to be paid to the Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee, with respect to each SBA Loan Loan, and additionally, the Additional Fee with respect to each Additional Fee SBA Loan, together with the difference between any Liquidation Proceeds and the related Net Liquidation Proceeds, need should not be deposited by the Servicer in the Principal and Interest Account.
(d) Any interest earnings on funds held in the Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the Principal and Interest Account by the Servicer immediately following its monthly remittance to the Trustee pursuant to Section 5.04(a). Any reference herein to amounts on deposit in the Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store of New York Inc)
ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The Servicer shall cause to be established and maintained one or more Principal and Interest Accounts, in one or more Designated Depository InstitutionsInstitutions (provided, however, that one or more Principal and Interest Accounts may be established and maintained with The Chase Manhattan Bank so long as The Chase Manhattan Bank remains a Designated Depository Institution), in the form of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan CenterThe Money Store Investment Corporation and The Money Store of New York, Inc., in trust for the registered holders of Business Loan Center, The Money Store SBA Loan-Backed Adjustable Rate Certificates, Series 19981996-12, Class A and Class B." Such Principal and Interest Accounts shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by law. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. A copy of such letter agreement shall be furnished to the Trustee, the SBA and, upon request, any Certificateholder.
(b) The Servicer and each Subservicer shall deposit without duplication (within two Business Days of receipt thereof) in the Principal and Interest Account and retain therein:
(i) the Unguaranteed Percentage of all payments received after the Cut-Off Date on account of principal on the SBA Loans, including the Unguaranteed Percentage of all Excess Payments, Principal Prepayments and Curtailments collected after the Cut-Off Date;
(ii) all payments received after the Cut-Off Date on account of interest on the SBA Loans (net of the portion thereof required to be paid to the related Registered HoldersHolder, the Premium Protection Fee, the FTAAgent of the SBA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, and other servicing compensation payable to the Servicer as permitted herein);
(iii) the Unguaranteed Percentage of all Net Liquidation Proceeds;
(iv) the Unguaranteed Percentage of all Insurance Proceeds (other than amounts to be applied to restoration or repair of any related Mortgaged Property, or to be released to the Obligor in accordance with customary servicing procedures);
(v) the Unguaranteed Percentage of all Released Mortgaged Property Proceeds;
(vi) any amounts paid in connection with the repurchase of the Unguaranteed Interest of any SBA Loan and the amount of any Substitution Adjustment received pursuant to Sections 2.05 and 3.03;
(vii) any amount required to be deposited in the Principal and Interest Account pursuant to Section 5.04 or 5.10; and
(viii) the amount of any losses incurred in connection with investments in Permitted Instruments.
(c) The foregoing requirements for deposit in the Principal and Interest Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed Interest, the Premium Protection Fee, the FTA's Fee and the Servicing FeeFee (to the extent received and permitted by Section 7.03), with respect to each SBA Loan and the Additional Fee with respect to each Additional Fee SBA Loan, together with the difference between any Liquidation Proceeds and the related Net Liquidation Proceeds, need not be deposited by the Servicer in the Principal and Interest Account.
(d) Any interest earnings on funds held in the Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the Principal and Interest Account by the Servicer immediately following its monthly remittance to the Trustee pursuant to Section 5.04(a). Any reference herein to amounts on deposit in the Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store of New York Inc)
ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The Servicer shall cause to be established and maintained one or more Principal and Interest AccountsAccounts for the Trust Fund, in one or more Designated Depository Institutions, in the form of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan Center, The Money Store Inc., in trust for the registered holders of Business Loan Center, SBA Loan-The Money Store Asset Backed Adjustable Rate Certificates, Series 1998-1B and various Mortgagors"; provided, Class A however, that for so long as (i) (A) the Servicer remains an affiliate of FUNB, (B) no Event of Default shall have occurred and Class B." Such be continuing and (C) FUNB maintains a short-term rating of at least A-1 by S&P and P-1 by Moody's, and for five Business Days following any reduction, suspenxxxx, xermination or withdrawal in either such rating, or (ii) following the occurrence and continuation of any event described in subclause (i) of this paragraph, an arrangement is established that is satisfactory to the Rating Agencies and the Certificate Insurer which does not in itself result in (I) any reduction of any rating issued in respect of the Certificates or (II) any reduction below investment grade of the Certificates without the benefit of the Certificate Insurance Policy, the Servicer, notwithstanding anything to the contrary herein provided, may establish and maintain the Principal and Interest Accounts Account as a deposit account with FUNB. Each such Principal and Interest Account shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by law. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. A copy of such letter agreement shall be furnished to the Trustee, the SBA and, upon request, any Certificateholder.
(b) The Servicer and each Subservicer shall deposit without duplication (within two Business Days 24 hours of receipt thereof) in the applicable Principal and Interest Account and retain therein:
(i) the Unguaranteed Percentage of all payments received after the Cut-Off Date on account of principal on the SBA Pool I, Pool II or Pool III Mortgage Loans, as the case may be, including the Unguaranteed Percentage of all Excess Payments, Principal Prepayments and Curtailments collected received after the Cut-Off DateDate and all payments in respect of the applicable FHA Insurance Premium;
(ii) all payments received after the Cut-Off Date on account of interest on the SBA Loans (net of Pool I, Pool II or Pool III Mortgage Loans, as the portion thereof required to be paid to the related Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, and other servicing compensation payable to the Servicer as permitted herein)case may be;
(iii) the Unguaranteed Percentage of all Net Liquidation ProceedsProceeds received with respect to the Pool I, Pool II or Pool III Mortgage Loans, as the case may be;
(iv) the Unguaranteed Percentage of all Insurance Proceeds received with respect to the Pool I, Pool II or Pool III Mortgage Loans, as the case may be (other than amounts to be applied to the restoration or repair of any the related Mortgaged Property, or to be released to the Obligor Mortgagor in accordance with customary second mortgage servicing procedures);
(v) the Unguaranteed Percentage of all Released Mortgaged Property ProceedsProceeds received with respect to the Pool I, Pool II or Pool III Mortgage Loans, as the case may be;
(vi) any amounts paid in connection with the repurchase of the Unguaranteed Interest purchase of any SBA Loan Pool I, Pool II or Pool III Mortgage Loan, as the case may be, and the amount of any Substitution Adjustment received with respect to the Pool I, Pool II or Pool III Mortgage Loans, as the case may be, paid pursuant to Sections 2.05 and 3.03;
(vii) any amount required to be deposited in the applicable Principal and Interest Account pursuant to Section 5.105.04, 5.08, 5.10 or 5.15(c); and
(viii) the amount of any losses incurred credit life insurance premium refund which is not due to the related Mortgagor. Also, for each Mortgage Loan delivered to the Trust on the Closing Date that was originated on or after August 1, 1998, the Servicer shall deposit in connection with investments in Permitted Instrumentsthe applicable Principal and Interest Account 30 days' interest on the original principal balance of each such Mortgage Loan calculated at the applicable Mortgage Interest Rate.
(c) The foregoing requirements for deposit in the Principal and Interest Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed Interest, the Premium Protection Fee, the FTA's Servicing Fee and the Servicing Fee, with respect to each SBA Loan and the Additional Contingency Fee with respect to each Additional Fee SBA Mortgage Loan, and payments in the nature of prepayment penalties or premiums, late payment charges and assumption fees, to the extent received and permitted by Sections 7.01 and 7.03, together with the difference between any Liquidation Proceeds and the related Net Liquidation Proceeds, need not be deposited by the Servicer in the Principal and Interest Account.
(d) Any interest earnings on funds held in the Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the applicable Principal and Interest Account by the Servicer immediately following its monthly remittance of the Pool Available Remittance Amounts for the related Pool to the Trustee pursuant to Section 5.04(a)applicable Co-Trustee. Any reference herein to amounts on deposit in the Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)
ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The Servicer shall cause to be established and maintained one or more Principal and Interest Accounts, in one or more Designated Depository Institutions, in the form of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan Center, Inc., in trust for the registered holders of Business Loan Center, SBA Loan-Backed Adjustable Rate Certificates, Series 19981997-1, Class A and Class B." Such Principal and Interest Accounts shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by law. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. A copy of such letter agreement shall be furnished to the Trustee, the SBA and, upon request, any Certificateholder.
(b) The Servicer and each Subservicer shall deposit without duplication (within two Business Days of receipt thereof) in the Principal and Interest Account and retain therein:
(i) the Unguaranteed Percentage of all payments received after the Cut-Off Date on account of principal on the SBA Loans, including the Unguaranteed Percentage of all Excess Payments, Principal Prepayments and Curtailments collected after the Cut-Off Date;
(ii) all payments received after the Cut-Off Date on account of interest on the SBA Loans (net of the portion thereof required to be paid to the related Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, and other servicing compensation payable to the Servicer as permitted herein);
(iii) the Unguaranteed Percentage of all Net Liquidation Proceeds;
(iv) the Unguaranteed Percentage of all Insurance Proceeds (other than amounts to be applied to restoration or repair of any related Mortgaged Property, or to be released to the Obligor in accordance with customary servicing procedures);
(v) the Unguaranteed Percentage of all Released Mortgaged Property Proceeds;
(vi) any amounts paid in connection with the repurchase of the Unguaranteed Interest of any SBA Loan and the amount of any Substitution Adjustment received pursuant to Sections 2.05 and 3.03;
(vii) any amount required to be deposited in the Principal and Interest Account pursuant to Section 5.10; and
(viii) the amount of any losses incurred in connection with investments in Permitted Instruments.
(c) The foregoing requirements for deposit in the Principal and Interest Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed Interest, the Premium Protection Fee, the FTA's Fee and the Servicing FeeFee (to the extent received and permitted by Section 7.03), with respect to each SBA Loan and the Additional Fee with respect to each Additional Fee SBA Loan, together with the difference between any Liquidation Proceeds and the related Net Liquidation Proceeds, need not be deposited by the Servicer in the Principal and Interest Account.
(d) Any interest earnings on funds held in the Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the Principal and Interest Account by the Servicer immediately following its monthly remittance to the Trustee pursuant to Section 5.04(a). Any reference herein to amounts on deposit in the Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (BLC Financial Services Inc)
ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The Servicer shall cause to be established and maintained one or more Principal and Interest Accounts, in one or more Designated Depository Institutions, in the form of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan Center, The Money Store Commercial Mortgage Inc., in trust for the registered holders of The Money Store Business Loan Center, SBA Loan-Backed Adjustable Rate Certificates, Series 1998-1, Class A and Class B.1997- 2." Such Principal and Interest Accounts shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by law. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. A copy of such letter agreement shall be furnished to the Trustee, the SBA Trustee and, upon request, any Certificateholder.
(b) The Servicer and each Subservicer shall deposit without duplication (within two Business Days of receipt thereof) in the Principal and Interest Account and retain therein:
(i) the Unguaranteed Percentage of all payments received after the Cut-Off Date on account of principal on the SBA Business Loans, including the Unguaranteed Percentage of all Excess Payments, Principal Prepayments and Curtailments collected after the Cut-Off Date;
(ii) all payments received after the Cut-Off Date on account of interest on the SBA Business Loans (net of the portion thereof required to be paid to the related Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, Business Loan and other servicing compensation payable to the Servicer as permitted herein);
(iii) the Unguaranteed Percentage of all Net Liquidation Proceeds;
(iv) the Unguaranteed Percentage of all Insurance Proceeds (other than amounts to be applied to restoration or repair of any related Mortgaged Property, or to be released to the Obligor in accordance with customary servicing procedures);
(v) the Unguaranteed Percentage of all Released Mortgaged Property Proceeds;
(vi) any amounts paid in connection with the repurchase of the Unguaranteed Interest of any SBA Business Loan and the amount of any Substitution Adjustment received pursuant to Sections 2.05 and 3.03;
(vii) any amount required to be deposited in the Principal and Interest Account pursuant to Section 5.04 or 5.10; and
(viii) the amount of any losses incurred in connection with investments in Permitted Instruments.
(c) The foregoing requirements for deposit in the Principal and Interest Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed Interest, Servicing Fee (to the Premium Protection Fee, the FTA's Fee extent received and the Servicing Feepermitted by Section 7.03), with respect to each SBA Loan and the Additional Fee with respect to each Additional Fee SBA Business Loan, together with the difference between any Liquidation Proceeds and the related Net Liquidation Proceeds, need not be deposited by the Servicer in the Principal and Interest Account.
(d) Any interest earnings on funds held in the Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the Principal and Interest Account by the Servicer immediately following its monthly remittance to the Trustee pursuant to Section 5.04(a). Any reference herein to amounts on deposit in the Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc)
ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The Servicer shall cause to be established and maintained one or more Principal and Interest AccountsAccounts for the Trust Fund, in one or more Designated Depository Institutions, in the form of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan Center, The Money Store Inc., in trust for the registered holders of Business Loan Center, SBA Loan-The Money Store Asset Backed Adjustable Rate Certificates, Series 19981996-1D, Class A A, Class X, Class R and Class B.various Mortgagors." Such Each such Principal and Interest Accounts Account shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by law. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. A copy of such letter agreement shall be furnished to the Trustee, the SBA and, upon request, any Certificateholder.
(b) The Servicer and each Subservicer shall deposit without duplication (within two Business Days 24 hours of receipt thereof) in the applicable Principal and Interest Account and retain therein:
(i) the Unguaranteed Percentage of all payments received after the Cut-Off Date on account of principal on the SBA Pool I, Pool II, Pool III or Pool IV Mortgage Loans, as the case may be, including the Unguaranteed Percentage of all Excess Payments, Principal Prepayments and Curtailments collected received after the Cut-Off DateDate and all payments in respect of the applicable FHA Insurance Premium;
(ii) all payments received after the Cut-Off Date on account of interest on the SBA Loans (net of Pool I, Pool II, Pool III or Pool IV Mortgage Loans, as the portion thereof required to be paid to the related Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, and other servicing compensation payable to the Servicer as permitted herein)case may be;
(iii) the Unguaranteed Percentage of all Net Liquidation ProceedsProceeds received with respect to the Pool I, Pool II, Pool III or Pool IV Mortgage Loans, as the case may be;
(iv) the Unguaranteed Percentage of all Insurance Proceeds received with respect to the Pool I, Pool II, Pool III or Pool IV Mortgage Loans, as the case may be (other than amounts to be applied to the restoration or repair of any the related Mortgaged Property, or to be released to the Obligor Mortgagor in accordance with customary second mortgage servicing procedures);
(v) the Unguaranteed Percentage of all Released Mortgaged Property ProceedsProceeds received with respect to the Pool I, Pool II, Pool III or Pool IV Mortgage Loans, as the case may be;
(vi) any amounts paid in connection with the repurchase of the Unguaranteed Interest purchase of any SBA Loan Pool I, Pool II, Pool III or Pool IV Mortgage Loan, as the case may be, and the amount of any Substitution Adjustment received with respect to the Pool I, Pool II, Pool III or Pool IV Mortgage Loans, as the case may be, paid pursuant to Sections 2.05 and 3.03;
(vii) any amount required to be deposited in the applicable Principal and Interest Account pursuant to Section 5.105.04, 5.08, 5.10 or 5.15(c); and
(viii) the amount of any losses incurred credit life insurance premium refund which is not due to the related Mortgagor. Also, for each Mortgage Loan delivered to the Trustee or Co-Trustee on the Closing Date that was originated on or after December 1, 1996, the Servicer shall deposit in connection with investments in Permitted Instrumentsthe applicable Principal and Interest Account 30 days' interest on the original principal balance of each such Mortgage Loan calculated at the applicable Mortgage Interest Rate.
(c) The foregoing requirements for deposit in the Principal and Interest Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed Interest, the Premium Protection Fee, the FTA's Servicing Fee and the Servicing Fee, with respect to each SBA Loan and the Additional Contingency Fee with respect to each Additional Fee SBA Mortgage Loan, and payments in the nature of prepayment penalties or premiums, late payment charges and assumption fees, to the extent received and permitted by Sections 7.01 and 7.03, together with the difference between any Liquidation Proceeds and the related Net Liquidation Proceeds, need not be deposited by the Servicer in the Principal and Interest Account.
(d) Any interest earnings on funds held in the Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the applicable Principal and Interest Account by the Servicer immediately following its monthly remittance of the Pool Available Remittance Amounts for the related Pool to the Trustee pursuant to Section 5.04(a)Trustee. Any reference herein to amounts on deposit in the Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Trust 1996-D)
ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The With respect to each Sub-Pool, the Servicer shall cause to be established and initially maintained with the Trustee one or more Principal and Interest Accounts, in one or more Designated Depository Institutionswhich shall be Eligible Accounts, in the form titled, with respect to Sub-Pool 1, "Sub-Pool 1 Principal and Interest Account, Xxx Servicing Company, a division of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan Center, Inc.Superior Bank FSB, in trust for the registered holders of Business AFC Mortgage Loan Center, SBA Loan-Asset Backed Adjustable Rate Certificates, Series 19981997-13" and with respect to Sub-Pool 2, Class A and Class B." Such "Sub-Pool 2 Principal and Interest Accounts Account, Xxx Servicing Company, a division of Superior Bank FSB, in trust for the registered holders of AFC Mortgage Loan Asset Backed Certificates, Series 1997-3." Subsequent to the Closing Date, the Servicer may transfer the related Principal and Interest Account to another institution, provided that each Principal and Interest Account shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by lawan Eligible Account and all amounts therein shall be invested only in Permitted Instruments. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. C. A copy of such letter agreement shall be furnished on the Closing Date to the Trustee, the SBA Certificate Insurer and, upon request, any Certificateholder.
(b) The . With respect to each Sub-Pool, the Servicer and each Subservicer shall deposit (without duplication duplication) the following amounts with respect to such Sub-Pool within one (within two 1) Business Days Day of receipt thereof) of good funds in the related Principal and Interest Account and retain therein:
(i) the Unguaranteed Percentage of all payments received due after the Cut-Off off Date with respect to the Initial Mortgage Loans or after a Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans on account of principal on the SBA Loans, including the Unguaranteed Percentage of Mortgage Loans and all Excess Payments, Principal Prepayments and Curtailments collected received after the Cut-Off off Date, or after the Subsequent Cut-off Date, as the case may be, and other than the Depositor's Yield;
(ii) all payments received due after the Cut-Off off Date with respect to the Initial Mortgage Loans, or after a Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans, on account of interest on the SBA Loans (net of the portion thereof required to be paid to the related Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, and other servicing compensation payable to the Servicer as permitted herein)Mortgage Loans;
(iii) the Unguaranteed Percentage of all Net Liquidation Proceeds;
(iv) the Unguaranteed Percentage of all Insurance Proceeds (other than amounts to be applied to restoration or repair of any related Mortgaged Property, or to be released to the Obligor in accordance with customary servicing procedures)Proceeds;
(v) the Unguaranteed Percentage of all Released Mortgaged Property Proceeds;
(vi) any amounts paid payable in connection with the repurchase of the Unguaranteed Interest of any SBA Mortgage Loan and the amount of any Substitution Adjustment received pursuant to Sections 2.05 and 3.03;3.03 above; and
(vii) any amount required to be deposited in the related Principal and Interest Account pursuant to Section 5.10; and
(viii) the amount of any losses incurred in connection with investments in Permitted Instruments5.04 or 11.
(c) 01. The foregoing requirements for deposit in the related Principal and Interest Account shall be exclusive, ; it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed InterestDepositor's Yield, the Premium Protection Fee, the FTA's Fee and the Servicing Fee, with respect to each SBA Loan and the Additional Fee with respect to each Additional Fee SBA Mortgage Loan, together with late payment charges and assumption fees, to the difference between any Liquidation extent permitted by Sections 7.01 and 7.03, and Excess Proceeds and the related Net Liquidation Proceeds, need not be deposited by the Servicer in the related Principal and Interest Account.
(d) . Any interest earnings on funds held in the related Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the related Principal and Interest Account by the Servicer immediately following its monthly remittance of the Available Remittance Amount to the Trustee pursuant to Section 5.04(a)Trustee. Any reference herein to amounts on deposit in the related Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Superior Bank FSB)
ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The With respect to each Sub-Pool, the Servicer shall cause to be established and initially maintained with the Trustee one or more Principal and Interest Accounts, in one or more Designated Depository Institutionswhich shall be Eligible Accounts, in the form titled, with respect to Sub-Pool 1, "Sub-Pool 1 Principal and Interest Account, Xxx Servicing Company, a division of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan Center, Inc.Superior Bank FSB, in trust for the registered holders of Business AFC Mortgage Loan Center, SBA Loan-Asset Backed Adjustable Rate Certificates, Series 19981996-14" and with respect to Sub-Pool 2, Class A and Class B." Such "Sub-Pool 2 Principal and Interest Accounts Account, Xxx Servicing Company, a division of Superior Bank FSB, in trust for the registered holders of AFC Mortgage Loan Asset Backed Certificates, Series 1996-4." Subsequent to the Closing Date, the Servicer may transfer the related Principal and Interest Account to another institution, provided that each Principal and Interest Account shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by lawan Eligible Account and all amounts therein shall be invested only in Permitted Instruments. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. C. A copy of such letter agreement shall be furnished on the Closing Date to the Trustee, the SBA Certificate Insurer and, upon request, any Certificateholder.
(b) The . With respect to each Sub-Pool, the Servicer and each Subservicer shall deposit (without duplication duplication) the following amounts with respect to such Sub-Pool within one (within two 1) Business Days Day of receipt thereof) of good funds in the related Principal and Interest Account and retain therein:
(i) the Unguaranteed Percentage of all payments received due after the Cut-Off off Date with respect to the Initial Mortgage Loans or after a Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans on account of principal on the SBA Loans, including the Unguaranteed Percentage of Mortgage Loans and all Excess Payments, Principal Prepayments and Curtailments collected received after the Cut-Off off Date, or after the Subsequent Cut-off Date, as the case may be, and other than the Depositor's Yield;
(ii) all payments received due after the Cut-Off off Date with respect to the Initial Mortgage Loans, or after a Subsequent Cut-off Date with respect to the Subsequent Mortgage Loans, on account of interest on the SBA Loans (net of the portion thereof required to be paid to the related Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, and other servicing compensation payable to the Servicer as permitted herein)Mortgage Loans;
(iii) the Unguaranteed Percentage of all Net Liquidation Proceeds;
(iv) the Unguaranteed Percentage of all Insurance Proceeds (other than amounts to be applied to restoration or repair of any related Mortgaged Property, or to be released to the Obligor in accordance with customary servicing procedures)Proceeds;
(v) the Unguaranteed Percentage of all Released Mortgaged Property Proceeds;
(vi) any amounts paid payable in connection with the repurchase of the Unguaranteed Interest of any SBA Mortgage Loan and the amount of any Substitution Adjustment received pursuant to Sections 2.05 and 3.03;3.03 above; and
(vii) any amount required to be deposited in the related Principal and Interest Account pursuant to Section 5.10; and
(viii) the amount of any losses incurred in connection with investments in Permitted Instruments5.04 or 11.
(c) 01. The foregoing requirements for deposit in the related Principal and Interest Account shall be exclusive, ; it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed InterestDepositor's Yield, the Premium Protection Fee, the FTA's Fee and the Servicing Fee, with respect to each SBA Loan and the Additional Fee with respect to each Additional Fee SBA Mortgage Loan, together with late payment charges and assumption fees, to the difference between any Liquidation extent permitted by Sections 7.01 and 7.03, and Excess Proceeds and the related Net Liquidation Proceeds, need not be deposited by the Servicer in the related Principal and Interest Account.
(d) . Any interest earnings on funds held in the related Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the related Principal and Interest Account by the Servicer immediately following its monthly remittance of the Available Remittance Amount to the Trustee pursuant to Section 5.04(a)Trustee. Any reference herein to amounts on deposit in the related Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Superior Bank FSB)
ESTABLISHMENT OF PRINCIPAL AND INTEREST ACCOUNTS; DEPOSITS IN PRINCIPAL AND INTEREST ACCOUNTS. (a) The Servicer shall cause to be established and maintained one or more Principal and Interest Accounts, in one or more Designated Depository Institutions, in the form of time deposit or demand accounts, which may be interest-bearing or such accounts may be trust accounts wherein the moneys therein are invested in Permitted Instruments, titled "Business Loan Center, The Money Store Commercial Mortgage Inc., in trust for the registered holders of The Money Store Business Loan Center, SBA Loan-Backed Adjustable Rate Certificates, Series 19981997-1, Class A A, Class M and Class B." Such Principal and Interest Accounts shall be insured by the BIF or SAIF administered by the FDIC to the maximum extent provided by law. The creation of any Principal and Interest Account shall be evidenced by a letter agreement in the form of Exhibit C hereto. A copy of such letter agreement shall be furnished to the Trustee, the SBA Trustee and, upon request, any Certificateholder.
(b) The Servicer and each Subservicer shall deposit without duplication (within two Business Days of receipt thereof) in the Principal and Interest Account and retain therein:
(i) the Unguaranteed Percentage of all payments received after the Cut-Off Date on account of principal on the SBA Business Loans, including the Unguaranteed Percentage of all Excess Payments, Principal Prepayments and Curtailments collected after the Cut-Off Date;
(ii) all payments received after the Cut-Off Date on account of interest on the SBA Business Loans (net of the portion thereof required to be paid to the related Registered Holders, the Premium Protection Fee, the FTA's Fee and the Servicing Fee with respect to each SBA Loan, the Additional Fee with respect to each Additional Fee SBA Loan, Business Loan and other servicing compensation payable to the Servicer as permitted herein);
(iii) the Unguaranteed Percentage of all Net Liquidation Proceeds;
(iv) the Unguaranteed Percentage of all Insurance Proceeds (other than amounts to be applied to restoration or repair of any related Mortgaged Property, or to be released to the Obligor in accordance with customary servicing procedures);
(v) the Unguaranteed Percentage of all Released Mortgaged Property Proceeds;
(vi) any amounts paid in connection with the repurchase of the Unguaranteed Interest of any SBA Business Loan and the amount of any Substitution Adjustment received pursuant to Sections 2.05 and 3.03;
(vii) any amount required to be deposited in the Principal and Interest Account pursuant to Section 5.04 or 5.10; and
(viii) the amount of any losses incurred in connection with investments in Permitted Instruments.
(c) The foregoing requirements for deposit in the Principal and Interest Account shall be exclusive, it being understood and agreed that, without limiting the generality of the foregoing, payments with respect to the Guaranteed Interest, Servicing Fee (to the Premium Protection Fee, the FTA's Fee extent received and the Servicing Feepermitted by Section 7.03), with respect to each SBA Loan and the Additional Fee with respect to each Additional Fee SBA Business Loan, together with the difference between any Liquidation Proceeds and the related Net Liquidation Proceeds, need not be deposited by the Servicer in the Principal and Interest Account.
(d) Any interest earnings on funds held in the Principal and Interest Account paid by a Designated Depository Institution shall be for the account of the Servicer and may only be withdrawn from the Principal and Interest Account by the Servicer immediately following its monthly remittance to the Trustee pursuant to Section 5.04(a). Any reference herein to amounts on deposit in the Principal and Interest Account shall refer to amounts net of such investment earnings.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc)