Common use of Final Distribution on the Certificates Clause in Contracts

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master REMIC which remain subject hereto and the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (MASTR Seasoned Securitization Trust 2004-1), Pooling and Servicing Agreement (Mastr Asset Securitization Trust 2004-11), Pooling and Servicing Agreement (Mastr Alternative Loan Trust 2005-5)

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Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Optional Termination Holder above elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Certificateholders such Person shall notify the Depositor Servicers and the Trust Administrator Trustee of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may shall surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof4.02, on in the final Distribution Datecase of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account Collection Accounts (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass Through Certificates Series 2002-2), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mort Home Equity Trust 2003-4)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to Trustee receives notice that the date notice Underlying Trust is to be mailed to terminated in accordance with the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator terms of the date Underlying Agreement, notice shall be given by the Master Servicer intends Trustee to exercise its termination rightsCertificateholders as promptly as practicable thereafter. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than as promptly practicable after the 5th day Trustee receives notice that the Underlying Trust is to be terminated in accordance with the terms of the month of such final distributionUnderlying Agreement. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will also give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon the final distribution with respect to the Trust Fund, the Trustee shall promptly release to the Holder of the Class A-R Certificate the Deposited Underlying Certificates. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 3.04. hereof, on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. Notwithstanding the reduction of the Class Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder (solely for the purpose of receiving distributions and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, the Underlying Certificate Seller, and the Trustee hereunder in accordance with Article VII. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificateholder shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 7 contracts

Samples: Trust Agreement (Alternative Loan Trust Resecuritization 2007-26r), Trust Agreement (Alternative Loan Trust Resecuritization 2006-22r), Trust Agreement (CWMBS Inc)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, Class on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class4.02, an amount equal to (i) as to each Class of Regular Certificates (other than the Notional Amount Certificates), the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Holders of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Flx4), Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Flx1), Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar41)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and the (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such (ii) the Class A-LR and Class A-UR R Certificateholders with respect shall be entitled to any such all unclaimed funds and other assetsassets of the Upper-Tier REMIC, in each case, that remain subject hereto.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Mastr Alternative Loan Trust 2004-11), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-6), Pooling and Servicing Agreement (Mastr Alternative Loan Trust 2004-11)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Terminating Entity elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 10 days prior to the date notice is to be mailed to first day of the affected CertificateholdersOptional Termination Notice Period, the Master Servicer Terminating Entity shall notify any other Servicer, the Depositor Rating Agencies, the Swap Counterparty and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 10th day of the month of preceding such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of On the related Certificatesfinal Distribution Date, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders upon presentation and surrender of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, Trustee and the amount, if any, which remains on deposit Credit Risk Manager distributions and payments in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveaccordance with Section 4.02. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2007-1), Pooling and Servicing Agreement (Home Equity Asset Trust 2006-5), Pooling and Servicing Agreement (Home Equity Asset Trust 2006-7)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each CertificateholderCertificateholder and the Swap Provider. If the Master Servicer elects to exercise its termination rights option to purchase the Mortgage Loans pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of (a) the date on which the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution such purchase option and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location Termination Price. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the office or agency at which Certificates. Upon such presentation final deposit with respect to the Trust Fund and surrender must be madethe receipt by the Trustee and the Custodian of a Request for Release therefor, and (c) that the Record Date otherwise applicable Custodian shall promptly release to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at Servicer the office therein specified. The Trust Administrator will give such notice to each Rating Agency at Custodial Files for the time such notice is given to related CertificateholdersMortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written noticeNotice of Final Distribution, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the such second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the Class A-LR and Class A-UR second notice all Certificates shall not have been surrendered for cancellation, the Residual Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (EquiFirst Loan Securitization Trust 2007-1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm4)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on all amounts required to be distributed to it pursuant to Section 4.02 and, in the final Distribution Datecase of the Certificateholders of the same Class, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable Group 1 PO Deferred Amounts Amount and Group 3 PO Deferred Amount, as applicable, in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master REMIC which remain subject hereto hereto, and then the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2007-1), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2006-3), Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2006-3)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to Trustee receives notice that the date notice Underlying Trust is to be mailed to terminated in accordance with the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator terms of the date Underlying Agreement, notice shall be given by the Master Servicer intends Trustee to exercise its termination rightsCertificateholders as promptly as practicable thereafter. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed (x) not earlier than the 15th day of the month next preceding the month of such final distribution and not later than as promptly as practicable after the 5th day Trustee receives notice that the Underlying Trust is to be terminated in accordance with the terms of the month of such final distributionUnderlying Agreement. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will also give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon the final distribution with respect to the Trust Fund, the Trustee shall promptly release to the Holder of the Class A-R Certificate the Deposited Underlying Certificates. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 3.04. hereof, on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificateholder shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 3 contracts

Samples: Trust Agreement (Indymac MBS Inc Residential Asset Sec Trust 2004 R1), Trust Agreement (IndyMac RAST 2004-R2), Trust Agreement (Residential Asset Securitization Trust 2006-R1)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each related Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which that remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such (ii) the Class A-LR and Class A-UR R Certificateholders with respect shall be entitled to any such all unclaimed funds and other assetsassets of the Upper-Tier REMIC that remain subject hereto.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-10), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-10), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-12)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Insurer and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Class A Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesthereon, and (ii) as to the Residual Class R Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Equity One Abs Inc), Pooling and Servicing Agreement (Equity One Abs Inc), Pooling and Servicing Agreement (Equity One Abs Inc)

Final Distribution on the Certificates. If on any Determination Date, (i) the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator promptly Trustee to send a final distribution notice promptly to each Certificateholderrelated Certificateholder and the Certificate Insurer or (ii) the Trustee determines that a Class of Certificates shall be retired after a final distribution on such Class, the Trustee shall notify the related Certificateholders and the Certificate Insurer within five (5) Business Days after such Determination Date that the final distribution in retirement of such Class of Certificates is scheduled to be made on the immediately following Distribution Date. Any final distribution made pursuant to the immediately preceding sentence will be made only upon presentation and surrender of the related Certificates at the Corporate Trust Office of the Trustee. If the Master Servicer Terminator elects to exercise its termination rights terminate pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer such electing party shall notify the Depositor Depositor, the Certificate Insurer and the Trust Administrator Trustee of the date the Master Servicer such electing party intends to exercise its termination rightsterminate and of the applicable repurchase price of the related Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightstermination, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator Terminator will give such notice to each Rating Agency at the time such notice is given to related the affected Certificateholders. In the event such notice is given, the Master Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit and the receipt by the Trustee of a Request for File Release therefor, the Trustee shall promptly release to the Master Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Classaffected Class and the Certificate Insurer the amounts allocable to such Certificates and the Certificate Insurer held in the Distribution Account (and, if applicable, the Carryover Reserve Fund) in the order and priority set forth in Section 4.02 hereof, 4.04 hereof on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders . Notwithstanding the reduction of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus of any Class of Certificates to zero, such Class will be outstanding hereunder (asolely for the purpose of receiving distributions (if any) accrued interest thereon (or on their Notional Amount, if applicableto which it may be entitled pursuant to the terms of this Agreement and not for any other purpose) in until the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case termination of the Class PO Certificatesrespective obligations and responsibilities of the Depositor, and (ii) as to the Residual Certificateseach Seller, the amount, if any, which remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveaccordance with Article IX. In the event that any affected Certificateholders shall not surrender related Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their related Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets that remain a part of the Master REMIC which remain subject hereto Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Certificate Insurer, with respect to any unpaid Certificate Insurance Reimbursement Amounts, and then the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which that remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S4), Pooling and Servicing Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S1), Pooling and Servicing Agreement (CWHEQ Home Equity Loan Trust, Series 2006-S2)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer Trustee determines that there are no Outstanding outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each CertificateholderCertificateholder and the NIMS Insurer, if any. If the Master Servicer elects Majority Class X Certificateholders or the NIMS Insurer, if any, elect to exercise its termination rights terminate the Trust Fund pursuant to clause (aa)(i) of Section 10.019.1, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Majority Class X Certificateholders shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends Majority Class X Certificateholders intend to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders and the NIMS Insurer, if any, mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Trustee shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Trustee the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 4.2 hereof, on the final Distribution Date, in the case of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO CertificatesCertificate, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the holder of each of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreementthe REMICs held for distribution to such Certificateholders, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pass THR Certs Ser 2003-2), Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pas THR Certs Series 2003 3), Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pas THR Certs Series 2003 3)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, hereof on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which that remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and (ii) the Class R Certificateholders who have not surrendered Certificates shall look only be entitled to such Class A-LR and Class A-UR Certificateholders with respect to any such all unclaimed funds and other assetsassets of the Upper-Tier REMIC, in each case, that remain subject hereto.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-9), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-9), Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2004-11)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee in writing promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify in writing the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day 101 and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of principal to be included in such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular the Offered Certificates, the Class Certificate Principal Balance of each Class thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class R Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund, on a pro-rata basis among the remaining Certificateholders. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Popular Abs, Inc.), Pooling and Servicing Agreement (Popular Abs, Inc.), Pooling and Servicing Agreement (Popular ABS Mortgage Pass-Through Trust 2006-A)

Final Distribution on the Certificates. If on any Determination Date, (i) the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund a Loan Group other than the funds in the Collection AccountCertificate Account related to such Loan Group, the Master Servicer shall direct the Trust Administrator promptly Trustee to send a final distribution notice promptly to each Certificateholderrelated Certificateholder or (ii) the Trustee determines that a Class of Certificates shall be retired after a final distribution on such Class, the Trustee shall notify the related Certificateholders within five (5) Business Days after such Determination Date that the final distribution in retirement of such Class of Certificates is scheduled to be made on the immediately following Distribution Date. Any final distribution made pursuant to the immediately preceding sentence will be made only upon presentation and surrender of the related Certificates at the Corporate Trust Office of the Trustee. If the Master Servicer elects to exercise its termination rights terminate a Loan Group pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer such electing party intends to exercise its termination rightsterminate the Loan Group and of the applicable repurchase price of the related Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsa Loan Group, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator Master Servicer will give such notice to each Rating Agency at the time such notice is given to the affected Certificateholders. In the event such notice is given, the Master Servicer shall cause all funds in the Certificate Account related Certificateholdersto the Loan Group or Loan Groups to be terminated to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the related Certificates. Upon such final deposit with respect to the Loan Group and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Master Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Classaffected Class the amounts allocable to such Certificates held in the Distribution Account (and, if applicable, the Group 1 Carryover Reserve Fund and the Group 2 Carryover Reserve Fund) in the order and priority set forth in Section 4.02 hereof, 4.04 hereof on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender related Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their related Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets that remain a part of the Master REMIC which remain subject hereto and Loan Group. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR R (in the case of Loan Group 1 and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement Loan Group 2) shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which the Loan Group that relate to such Class of Certificates and remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2001-1), Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2001-1), Pooling and Servicing Agreement (Cwabs Inc)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Terminating Entity elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Terminating Entity shall notify the Depositor any other Servicer and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of On the related Certificatesfinal Distribution Date, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, upon presentation and surrender of the Certificates, and to the Trustee and the Credit Risk Manager distributions and payments in accordance with Section 4.02. Notwithstanding the order set forth in Section 4.02 hereofforegoing, on if the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders Date has occurred as a result of a Terminating Entity’s purchase of the same ClassTrust Fund pursuant to Section 9.01(A), an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amountall amounts, if any, which remains on deposit in excess of the Distribution Account (other than Par Value shall be distributed by the amounts retained Trustee directly to meet claims) after application pursuant to clause (i) abovethe Class X Certificates. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Credit Suisse First Boston Mort Sec Home Equity Asset 2004-2), Pooling and Servicing Agreement (CFSB Mor Sec Corp Home Equity Asset Trust 2004-1)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 25 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Interest-Only Certificates, ) and (ii) as to the Residual Certificates, the amount, if any, which that remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such (ii) the Class A-LR and Class A-UR R Certificateholders with respect shall be entitled to any such all unclaimed funds and other assetsassets of the Middle-Tier REMIC and the Upper-Tier REMIC, in each case, that remain subject hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2004-1), Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2004-1)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer Securities Administrator determines that there are no Outstanding outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Securities Administrator shall direct the Trust Administrator promptly to send a final distribution notice to each CertificateholderCertificateholder and the NIMS Insurer, if any. If the Master Servicer elects Majority Class X Certificateholders or the NIMS Insurer, if any, elect to exercise its termination rights terminate the Trust Fund pursuant to clause (aa)(i) of Section 10.019.1, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Majority Class X Certificateholders shall notify the Depositor Depositor, the Trustee and the Trust Securities Administrator of the date the Master Servicer intends Majority Class X Certificateholders intend to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Securities Administrator by letter to related Certificateholders Certificateholders, the NIMS Insurer, if any, and [the Swap Counterparty], mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Securities Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Securities Administrator shall cause all funds in the Collection Account to be remitted to the Securities Administrator for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the sum of (i) an amount sufficient to reimburse the Master Servicer, the Trustee and the Servicer (or subservicer) for any amounts to be reimbursed to such Persons pursuant to this Agreement and (ii) the final distribution in respect of the Certificates and [any Swap Termination Payment owed to the Swap Counterparty] (to the extent not paid on previous Distribution Dates). Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian of a Request for Release therefor, the Custodian shall promptly release to the Majority Class X Certificateholders, the NIMS Insurer, if any, or the Servicer, as applicable, the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 4.2 hereof, on the final Distribution Date, in the case of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Class Principal Balance thereof plus (a) accrued interest thereon (or on their Class Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO CertificatesCertificate, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Securities Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Securities Administrator may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the holder of each of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreementthe REMICs held for distribution to such Certificateholders, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Securities Corp), Pooling and Servicing Agreement (Aegis Asset Backed Securities Corp)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, each case on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Offered Certificates, (A) an amount equal to the Certificate Class Principal Balance thereof plus Current Interest and any Carryforward Interest in accordance with the priority of distributions set forth in Section 4.02 and (aB) accrued interest thereon to the extent of available funds (or on their Notional Amountother than funds described in clause (ii) below) after the distributions in clause (i)(A) above, if applicable) the amounts referred to and in the case of an interest bearing Certificate and order described in Section 4.02(e)(ii) through (bxii) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class X Certificates, the amountamount due to the Class X Certificate under this Agreement, if any, which remains on deposit not paid (but in no way exceeding the amount in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveCollection Account). In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Equity Pass Through Certificates Series 2002-4), Pooling and Servicing Agreement (Credit Suisse First Boston Mor Acc Cor Ho Eq Asset Tr 2002-5)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Terminating Entity elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Terminating Entity shall notify any other Servicer, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of On the related Certificatesfinal Distribution Date, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, upon presentation and surrender of the Certificates, and to FSA, the Trustee and the Credit Risk Manager distributions and payments in accordance with Section 4.02. Notwithstanding the order set forth in Section 4.02 hereofforegoing, on if the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders Date has occurred as a result of a Terminating Entity’s purchase of the same ClassTrust Fund pursuant to Section 9.01(A), an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amountall amounts, if any, which remains on deposit in excess of the Distribution Account (other than Par Value shall be distributed by the amounts retained Trustee directly to meet claims) after application pursuant to clause (i) abovethe Class X Certificates. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Equity Pass-Through Certificates Series 2003-8), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Hm Eq Pass THR Certs Ser 2003-7)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the related portion of the Trust Fund pursuant to clause (aSection 9.01(1) of or Section 10.019.01(2), as applicable, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its cause termination rightspursuant to Section 9.01(1) or Section 9.01(2), as applicable, the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, Fund relating to either Loan Group 1 or of the exercise of the Master Servicer’s termination rightsLoan Group 2, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related such Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator will Master Servicer shall give such notice to each Rating Agency at the time such notice is given to the related Certificateholders. In the event such notice is given, the Master Servicer shall cause all related funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on or before the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the related Classes of Certificates. Upon such final deposit with respect to the related Mortage Loans and REO Properties and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Master Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master REMIC which remain subject hereto and the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.)

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Alternative Loan Trust 2005-17), Pooling and Servicing Agreement (Alternative Loan Trust 2005-17)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each CertificateholderCertificateholder and the Swap Provider. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th 25th day of the month preceding the month of the final distribution, the Servicer shall notify the Depositor and the Trustee of the date the Servicer intends to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final distribution deposit with respect to the Trust Fund and not later than the 5th day of receipt by the month of such final distribution. Any such notice shall specify (a) Trustee or the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designatedCustodian, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not as applicable, distributions being made only upon presentation and surrender of a Request for Release therefor, the related Certificates at Trustee or the office therein specified. The Trust Administrator will give such notice Custodian, as applicable, shall promptly release to each Rating Agency at the time such notice is given to related CertificateholdersServicer the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-He1)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of principal to be included in such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular the Offered Certificates, the Class Certificate Principal Balance of each Class thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class R Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund, on a pro-rata basis among the remaining Certificateholders. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Equity One Abs Inc Equity One Mort Pass THR Trust 2003-1), Pooling and Servicing Agreement (Equity One Mortgage Pass-Through Trust 2003-2)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each CertificateholderCertificateholder and the Swap Provider. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th 25th day of the month preceding the month of the final distribution, the Servicer shall notify the Depositor and the Trustee of the date the Servicer intends to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final distribution deposit with respect to the Trust Fund and not later than the 5th day receipt by the Trustee of a Request for Release therefor, the month of such final distribution. Any such notice Trustee shall specify (a) promptly release to the Distribution Date upon which final distribution on Servicer the related Certificates will be made upon presentation and surrender of such Certificates at Custodial Files for the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related CertificateholdersMortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Wmc1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Wmc1)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each related Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Interest-Only Certificates, ) and (ii) as to the Residual Certificates, the amount, if any, which that remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such (ii) the Class A-LR and Class A-UR R Certificateholders with respect shall be entitled to any such all unclaimed funds and other assetsassets of the Middle-Tier REMIC and the Upper-Tier REMIC, in each case, that remain subject hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgage Trust 2004-8), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgage Trust 2004-8)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, Class on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class4.02, an amount equal to (i) as to each Class of Regular Certificates (other than the Notional Amount Certificates), the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Holders of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar12), Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar4)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master REMIC which remain subject hereto and the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (MASTR Seasoned Securitization Trust 2005-1)

Final Distribution on the Certificates. If on any Determination Date, (i) the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator promptly Trustee to send a final distribution notice promptly to each CertificateholderCertificateholder or (ii) the Trustee determines that a Class of Certificates shall be retired after a final distribution on such Class, the Trustee shall notify the related Certificateholders within five (5) Business Days after such Determination Date that the final distribution in retirement of such Class of Certificates is scheduled to be made on the immediately following Distribution Date. Any final distribution made pursuant to the immediately preceding sentence will be made only upon presentation and surrender of the related Certificates at the Corporate Trust Office of the Trustee. If the Master Servicer Terminating Party elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer such electing party intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the related Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th 10th day of the month preceding the month of such final distribution and not no later than the 5th 15th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator Master Servicer will give such notice to each Rating Agency at the time such notice is given to the affected Certificateholders. In the event such notice is given, the Master Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date. Upon such final deposit and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Terminating Party the Mortgage Files for the related CertificateholdersMortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass the amounts allocable to such Certificates held in the Distribution Account (and, if applicable, the Carryover Reserve Fund) in the order and priority set forth in Section 4.02 hereof, 4.04 hereof on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders . Notwithstanding the reduction of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus of any Class of Certificates to zero, such Class will be outstanding hereunder (asolely for the purpose of receiving distributions (if any) accrued interest thereon (or on their Notional Amount, if applicableto which it may be entitled pursuant to the terms of this Agreement and not for any other purpose) in until the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case termination of the Class PO Certificates, respective obligations and (ii) as to responsibilities of the Residual CertificatesDepositor, the amountSeller, if any, which remains on deposit the Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveaccordance with Article IX. In the event that any affected Certificateholders shall not surrender related Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their related Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets that remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which that remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Cwabs Asset-Backed Certificates Trust 2005-Im3), Pooling and Servicing Agreement (Cwabs Inc. Asset-Backed Certificates Trust 2005-Im2)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each related Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Interest-Only Certificates, ) and (ii) as to the Residual Certificates, the amount, if any, which that remains on deposit in the Distribution Account and Group 6 Basis Risk Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such (ii) the Class A-LR and Class A-UR R Certificateholders with respect shall be entitled to any such all unclaimed funds and other assetsassets of the Middle-Tier REMIC and the Upper-Tier REMIC, in each case, that remain subject hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-15), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-15)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the 105 Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, . The Supplemental Interest Trust shall terminate on the earlier of (i) the Corridor Contract Termination Date and Certificateholders who have not surrendered (ii) the date on which the Class Certificate Balance of the Class 2-A-1 Certificates shall look only is reduced to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.zero. 106

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A14cb), Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A14cb)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Insurer and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each the Class of Regular A Certificates, the Class Certificate Principal Balance of each Class thereof plus (a) accrued interest thereon (or on their Notional Amountthereon, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class A-IO Certificates, accrued interest thereon, and (iii) as to the Class R Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Equity One Abs Inc Mortgage Pass Thru Cert Series 2002-2), Pooling and Servicing Agreement (Equity One Abs Inc)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Depositor shall notify the Depositor Servicer and the Trust Administrator Trustee of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Depositor or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.02, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Ahl), Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2004-Sea2)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Insurer and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular the Offered Certificates, the Class Certificate Principal Balance of each Class thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class R Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Equity One Abs Inc Mortgage Pas Th Cert Series 2002-4), Pooling and Servicing Agreement (Equity One Abs Inc)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, each case on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Offered Certificates, (A) an amount equal to the Certificate Class Principal Balance thereof plus Current Interest and any Carryforward Interest in accordance with the priority of distributions set forth in Section 4.02 and (aB) accrued interest thereon to the extent of available funds (or on their Notional Amountother than funds described in clause (ii) below) after the distributions in clause (i)(A) above, if applicable) the amounts referred to and in the case of an interest bearing Certificate and order described in Section 4.02(e)(ii) through (bviii) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class X Certificates, the amountamount due to the Class X Certificate under this Agreement, if any, which remains on deposit not paid (but in no way exceeding the amount in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveCollection Account). In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Home Eq Pass THR Certs Ser 2003-1), Pooling and Servicing Agreement (Home Equity Pass Through Certificates Series 2003-3)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer Securities Administrator determines that there are no Outstanding outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Securities Administrator shall direct the Trust Administrator promptly to send a final distribution notice to each CertificateholderCertificateholder and the NIMS Insurer, if any. If the Master Servicer elects Majority Class X Certificateholders or the NIMS Insurer, if any, elect to exercise its termination rights terminate the Trust Fund pursuant to clause (aa)(i) of Section 10.019.1, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Majority Class X Certificateholders shall notify the Depositor Depositor, the Trustee and the Trust Securities Administrator of the date the Master Servicer intends Majority Class X Certificateholders intend to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Securities Administrator by letter to related Certificateholders Certificateholders, the NIMS Insurer, if any, and the Swap Counterparty, mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Securities Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Securities Administrator shall cause all funds in the Collection Account to be remitted to the Securities Administrator for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the sum of (i) an amount sufficient to reimburse the Master Servicer, the Trustee and the Servicer (or subservicer) for any amounts to be reimbursed to such Persons pursuant to this Agreement and (ii) the final distribution in respect of the Certificates and any Swap Termination Payment owed to the Swap Counterparty (to the extent not paid on previous Distribution Dates). Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian of a Request for Release therefor, the Custodian shall promptly release to the Majority Class X Certificateholders, the NIMS Insurer, if any, or the Servicer, as applicable, the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 4.2 hereof, on the final Distribution Date, in the case of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Class Principal Balance thereof plus (a) accrued interest thereon (or on their Class Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO CertificatesCertificate, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Securities Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Securities Administrator may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the holder of each of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreementthe REMICs held for distribution to such Certificateholders, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2005-4), Pooling and Servicing Agreement (Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2005-5)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and the (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and (ii) the Class A-UR Certificateholders with respect shall be entitled to any such all unclaimed funds and other assetsassets of the Upper-Tier REMIC, in each case, that remain subject hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-4), Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2004-5)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Majority Class X Certificateholder or the Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Depositor shall notify the Depositor Servicer, the Trustee and the Trust Administrator Class A Certificate Insurer of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Depositor or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular CertificatesCertificates (except the Class X Certificate), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificate accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.02, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-He2)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Depositor shall notify the Depositor Servicer and the Trust Administrator Trustee of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Depositor or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Gsaa Trust 2004-Nc1), Pooling and Servicing Agreement (GS Mortgage Securities Corp. FFMLT Trust 2004-Ff3)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines notifies the Trustee that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. Upon such final deposit in the Distribution Account of an amount equal to the final distribution in respect of the Certificates and upon the receipt by the Trustee of a request for release therefor, the Trustee shall promptly release the Custodial Files for the Mortgage Loans to the person entitled thereto as directed by such request for release. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.01, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular CertificatesCertificates (except the Class X Certificate), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificate accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.01, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Trust Agreement (Gs Mortgage Securities Corp Mort Pas THR Cert Se 2002 Wf), Trust Agreement (Gs Mortgage Securities Corp Mort Pas THR Cert Se 2002 Wf)

Final Distribution on the Certificates. If on any Determination Date, (i) the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection AccountCertificate Account related to such Loan Group, the Master Servicer shall direct the Trust Administrator promptly Trustee to send a final distribution notice promptly to each Certificateholderrelated Certificateholder and the Guarantor or (ii) the Trustee determines that a Class of Certificates shall be retired after a final distribution on such Class, the Trustee shall notify the related Certificateholders and the Guarantor within five (5) Business Days after such Determination Date that the final distribution in retirement of such Class of Certificates is scheduled to be made on the immediately following Distribution Date. Any final distribution made pursuant to the immediately preceding sentence will be made only upon presentation and surrender of the related Certificates at the Corporate Trust Office of the Trustee. If the Master Servicer elects to exercise its termination rights terminate pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer such electing party intends to exercise its termination rightsterminate and of the applicable repurchase price of the related Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightstermination, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator Master Servicer will give such notice to each Rating Agency at the time such notice is given to related the affected Certificateholders. In the event such notice is given, the Master Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit and the receipt by the Trustee of a Request for Release therefor, the Co-Trustee shall promptly release to the Master Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Classaffected Class the amounts allocable to such Certificates held in the Distribution Account (and, if applicable, the Carryover Reserve Fund) in the order and priority set forth in Section 4.02 hereof, 4.04 hereof on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender related Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their related Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets that remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which that remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certs Series 2003-1), Pooling and Servicing Agreement (Asset-Backed Certificate Series 2003-2)

Final Distribution on the Certificates. If If, on any Determination Remittance Date, the Master Servicer determines notifies the Trustee that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholderthe applicable Certificateholders. If the Master Servicer Majority Class X Certificateholder elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Majority Class X Certificateholder shall notify the Depositor Servicer and the Trust Administrator Trustee of the date the Master Servicer Majority Class X Certificateholder intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 20th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Majority Class X Certificateholder or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.01, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular CertificatesCertificates (except the Class X Certificate), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificate accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.01, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Trust Agreement (Gsaa Home Equity Trust 2004-6), Trust Agreement (Gsaa Home Equity Trust 2004-6)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. In the event such Notice of any termination of Final Distribution is given, the Trust Fund, or of Servicer shall cause all funds in the exercise of Collection Account to be remitted to the Master Servicer’s termination rights, specifying Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date on which related Certificateholders may surrender their Certificates for payment of in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and cancellation, shall be given promptly the receipt by the Trust Administrator by letter Trustee of a Request for Release therefor, the Trustee shall promptly release to related Certificateholders mailed not earlier than the 15th day of Servicer the month preceding Custodial Files for the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related CertificateholdersMortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor, the Class A-3b Certificate Insurer and the Trustee hereunder), in each case on the final Distribution Date or Class A-3b Distribution Date, as applicable, and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He9), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He9)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Depositor shall notify the Depositor Servicer and the Trust Administrator Trustee of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Depositor or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.02, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp MTG Pa THR Cert Ser 2004-Fm1), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mortga Mort Passthr Certs Ser 2004-Fm2)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Olympus elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Olympus shall notify the Depositor any other Servicer and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, each case on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Offered Certificates, (A) an amount equal to the Certificate Class Principal Balance thereof plus Current Interest and any Carryforward Interest in accordance with the priority of distributions set forth in Section 4.02 and (aB) accrued interest thereon to the extent of available funds (or on their Notional Amountother than funds described in clause (ii) below) after the distributions in clause (i)(A) above, if applicable) the amounts referred to and in the case of an interest bearing Certificate and order described in Section 4.02(e)(ii) through (bxi) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class X Certificates, the amountamount due to the Class X Certificate under this Agreement, if any, which remains on deposit not paid (but in no way exceeding the amount in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveCollection Account). In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Equity Asset Trust 2002-2), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Optional Termination Holder above elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Certificateholders such Person shall notify the Depositor Servicers and the Trust Administrator Trustee of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may shall surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and 122 surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof4.02, on in the final Distribution Datecase of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account Collection Accounts (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Home Equity Mortgage Pass Through Cert Series 2002-4), Pooling and Servicing Agreement (Home Equity Mortgage Pass Through Certificates Series 2002-2)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Terminating Entity elects to exercise its termination rights terminate the Trust Fund or the Auction Purchaser purchases the Mortgage Loans pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Terminating Entity or the Auction Purchaser, as applicable, shall notify the Depositor Rating Agencies and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of On the related Certificatesfinal Distribution Date, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, upon presentation and surrender of the Certificates, and to the Trustee and the Credit Risk Manager distributions and payments in accordance with Section 4.02. Notwithstanding the order set forth in Section 4.02 hereofforegoing, on if the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders Date has occurred as a result of a Terminating Entity’s purchase of the same ClassTrust Fund pursuant to Section 9.01(A), an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amountall amounts, if any, which remains on deposit in excess of the Distribution Account (other than Par Value shall be distributed by the amounts retained Trustee directly to meet claims) after application pursuant to clause (i) abovethe Class X Certificates. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR R and Class AR-UR II Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSFB Home Equity Pass-Through Certificates, Series 2005-Fix1), Pooling and Servicing Agreement (CSFB Home Equity Pass-Through Certificates, Series 2005-Fix1)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection AccountAccounts, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each CertificateholderCertificateholder and the Swap Provider. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly 9.01 by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th 25th day of the month preceding the month of the final distribution, the Servicer shall notify the Depositor and the Trustee of the date the Servicer intends to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final distribution deposit with respect to the Trust Fund and not later than the 5th day of receipt by the month of such final distribution. Any such notice shall specify (a) Trustee or the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designatedapplicable Custodian, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not as applicable, distributions being made only upon presentation and surrender of a Request for Release therefor, the related Certificates at Trustee or the office therein specified. The Trust Administrator will give such notice applicable Custodian, as applicable, shall promptly release to each Rating Agency at the time such notice is given to related CertificateholdersServicer the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Countrywide Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer Trustee determines that there are no Outstanding outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each CertificateholderCertificateholder and the NIMS Insurer, if any. If the Master Servicer elects Majority Class X Certificateholders or the NIMS Insurer, if any, elect to exercise its termination rights terminate the Trust Fund pursuant to clause (aa)(i) of Section 10.019.1, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Majority Class X Certificateholders shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends Majority Class X Certificateholders intend to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders and the NIMS Insurer, if any, mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Trustee shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the sum of the final distribution in respect of the Certificates and any Swap Termination Payment owed to the Swap Counterparty (to the extent not paid on previous Distribution Dates). Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the majority Class X Certificateholders, the NIMS Insurer, if any, or the Servicer, as applicable, the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 4.2 hereof, on the final Distribution Date, in the case of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO CertificatesCertificate, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the holder of each of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreementthe REMICs held for distribution to such Certificateholders, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-3), Pooling and Servicing Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-4)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Terminating Entity elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Terminating Entity shall notify the Depositor any other Servicer and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of On the related Certificatesfinal Distribution Date, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, upon presentation and surrender of the Certificates, and to FSA, the Trustee and the Credit Risk Manager distributions and payments in accordance with Section 4.02. Notwithstanding the order set forth in Section 4.02 hereofforegoing, on if the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders Date has occurred as a result of a Terminating Entity’s purchase of the same ClassTrust Fund pursuant to Section 9.01(A), an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amountall amounts, if any, which remains on deposit in excess of the Distribution Account (other than Par Value shall be distributed by the amounts retained Trustee directly to meet claims) after application pursuant to clause (i) abovethe Class X Certificates. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mort Sec Corp Home Eq as Tr 03-5), Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Home Eq Asset Trust 2003-6)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 25 days prior to the date notice Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each related Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which that remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and (ii) the Class R Certificateholders who have not surrendered Certificates shall look only be entitled to such Class A-LR and Class A-UR Certificateholders with respect to any such all unclaimed funds and other assetsassets of the Upper-Tier REMIC, in each case that remain subject hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mastr Adjustable Rate Mortgages Trust 2004-2), Pooling and Servicing Agreement (Master Adjustable Rate Mortgages Trust 2004-2)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on all amounts required to be distributed to it pursuant to Section 4.02 and, in the final Distribution Datecase of the Certificateholders of the same Class, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable Group 1 PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master REMIC which remain subject hereto hereto, and then the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2006-2), Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2006-2)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer HomEq determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection AccountAccounts, the Master Servicer HomEq shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each CertificateholderCertificateholder and the Swap Provider. If the Master Servicer HomEq elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to the date notice is to be mailed to the affected CertificateholdersHomEq shall notify, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th 25th day of the month preceding the month of the final distribution, HomEq shall notify the Depositor and the Trustee of the date HomEq intends to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. In the event such Notice of Final Distribution is given, HomEq shall cause all funds in its Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final distribution deposit with respect to the Trust Fund and not later than the 5th day receipt by the Trustee of a Request for Release therefor, the month of such final distribution. Any such notice Trustee shall specify (a) promptly release to HomEq, the Distribution Date upon which final distribution on Custodial Files for the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related CertificateholdersMortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to HomEq, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Msac 2006-Nc1), Pooling and Servicing Agreement (Msac 2006-Nc1)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Securities Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder, the NIM Insurer and the Swap Provider. If the Master Servicer Majority Class X Certificateholder elects to exercise its termination rights option to purchase the Mortgage Loans pursuant to clause (a) of Section 10.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Securities Administrator, upon receipt of notice from the Majority Class X Certificateholder indicating its intent to exercise such purchase option, shall notify the Depositor Depositor, the NIM Insurer and the Trust Securities Administrator of (a) the date on which the Master Servicer Majority Class X Certificateholder intends to exercise its termination rights. such purchase option and (b) the Termination Price. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Securities Administrator by letter to related Certificateholders mailed not earlier than the 15th 10th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, made and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Securities Administrator will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Securities Administrator for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian of a Request for Release therefor, the Custodian shall promptly release to the Majority Class X Certificateholder or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor, the Trustee, the Securities Administrator and the NIM Insurer hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written noticeNotice of Final Distribution, the Trust Securities Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the such second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Securities Administrator may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee in writing promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify in writing the Depositor Depositor, the Trustee, the Swap Counterparty and the Trust Administrator Cap Counterparty of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Loans and REO Properties; provided, however, that such notice shall only be required to be delivered to the Swap Counterparty and the Cap Counterparty if the Termination Date (as defined in the Swap Agreement and Cap Agreement, respectively) has not yet occurred. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of principal to be included in such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular the Offered Certificates, the Class Certificate Principal Balance of each Class thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class R Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund, on a pro-rata basis among the remaining Certificateholders. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Popular ABS Mortgage Pass-Through Trust 2007-A), Pooling and Servicing Agreement (Popular ABS Mortgage Pass-Through Trust 2006-E)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights option to purchase the Mortgage Loans pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of (i) the date the Master Servicer intends to exercise its termination rightssuch purchase option and (ii) the Termination Price. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th 10th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, made and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written noticeNotice of Final Distribution, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the such second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ff1), Pooling and Servicing Agreement (Securitized Asset Backed Receivalbes LLC Trust 2004-Nc3)

Final Distribution on the Certificates. If on any Determination Date, (i) the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator promptly Trustee to send a final distribution notice promptly to each Certificateholderrelated Certificateholder or (ii) the Trustee determines that a Class of Certificates shall be retired after a final distribution on such Class, the Trustee shall notify the related Certificateholders within five (5) Business Days after such Determination Date that the final distribution in retirement of such Class of Certificates is scheduled to be made on the immediately following Distribution Date. Any final distribution made pursuant to the immediately preceding sentence will be made only upon presentation and surrender of the related Certificates at the Corporate Trust Office of the Trustee. If the Master Servicer Terminator elects to exercise its termination rights terminate pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer such electing party intends to exercise its termination rightsterminate and of the applicable repurchase price of the related Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightstermination, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, made and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator Terminator will give such notice to each Rating Agency at the time such notice is given to related the affected Certificateholders. In the event such notice is given, the Master Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit and the receipt by the Trustee of a Request for File Release therefor, the Co-Trustee shall promptly release to the Master Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Classaffected Class the amounts allocable to such Certificates held in the Distribution Account (and, if applicable, the Carryover Reserve Fund) in the order and priority set forth in Section 4.02 hereof, 4.04 hereof on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders . Notwithstanding the reduction of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus of any Class of Certificates to zero, such Class will be outstanding hereunder (asolely for the purpose of receiving distributions (if any) accrued interest thereon (or on their Notional Amount, if applicableto which it may be entitled pursuant to the terms of this Agreement and not for any other purpose) in until the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case termination of the Class PO Certificatesrespective obligations and responsibilities of the Depositor, and (ii) as to the Residual Certificateseach Seller, the amount, if any, which remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveaccordance with Article IX. In the event that any affected Certificateholders shall not surrender related Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their related Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets that remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, then the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which that remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2005-Ab1), Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2004-Ab2)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Olympus elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Olympus shall notify the Depositor any other Servicer and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, each case on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Offered Certificates, (A) an amount equal to the Certificate Class Principal Balance thereof plus Current Interest and any Carryforward Interest in accordance with the priority of distributions set forth in Section 4.02 and (aB) accrued interest thereon to the extent of available funds (or on their Notional Amountother than funds described in clause (ii) below) after the distributions in clause (i)(A) above, if applicable) the amounts referred to and in the case of an interest bearing Certificate and order described in Section 4.02(e)(ii) through (bxii) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class X Certificates, the amountamount due to the Class X Certificate under this Agreement, if any, which remains on deposit not paid (but in no way exceeding the amount in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveCollection Account). In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to Trustee receives notice that the date notice Underlying Trust is to be mailed to terminated in accordance with the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator terms of the date Underlying Agreement, notice shall be given by the Master Servicer intends Trustee to exercise its termination rightsCertificateholders as promptly as practicable thereafter. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than as promptly practicable after the 5th day Trustee receives notice that the Underlying Trust is to be terminated in accordance with the terms of the month of such final distributionUnderlying Agreement. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will also give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon the final distribution with respect to the Trust Fund, the Trustee shall promptly release to the Holder of the Class A-R Certificate the Deposited Underlying Certificates. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 3.04. hereof, on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. Notwithstanding the reduction of the Class Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder (solely for the purpose of receiving distributions and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, the Underlying Certificate Seller, and the Trustee hereunder in accordance with Article VII. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificateholder shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, . The Yield Supplement Trust shall terminate on the earlier of (i) the Corridor Contract Scheduled Termination Date and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets(ii) the termination of this Agreement.

Appears in 1 contract

Samples: Trust Agreement (Alternative Loan Trust 2006-37r)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Optional Termination Holder above elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Certificateholders such Person shall notify the Depositor Servicers and the Trust Administrator Trustee of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may shall surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which 124 such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof4.02, on in the final Distribution Datecase of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account Collection Accounts (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Washington Mutual Home Loan CHL Mort Pas THR Trust 2001 Hyb1)

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Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate 106 steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDA Mortgage Loan Trust 2007-Ar8)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates 97 shall not have been surrendered for cancellation, then the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Ar7)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer Securities Administrator determines that there are no Outstanding outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Securities Administrator shall direct the Trust Administrator promptly to send a final distribution notice to each CertificateholderCertificateholder and the NIMS Insurer, if any. If the Master Servicer elects Majority Class X Certificateholders or the NIMS Insurer, if any, elect to exercise its termination rights terminate the Trust Fund pursuant to clause (aa)(i) of Section 10.019.1, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Majority Class X Certificateholders shall notify the Depositor Depositor, the Securities Administrator and the Trust Administrator Trustee of the date the Master Servicer intends Majority Class X Certificateholders intend to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Securities Administrator by letter to related Certificateholders and the NIMS Insurer, if any, mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Securities Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Securities Administrator shall cause all funds in the Collection Account to be remitted to the Securities Administrator for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian of a Request for Release therefor, the Custodian shall promptly release to the Majority Class X Certificateholders, the NIMS Insurer, if any, or the Servicer, as applicable, the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 4.2 hereof, on the final Distribution Date, in the case of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO CertificatesCertificate, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Securities Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Securities Administrator may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the holder of each of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreementthe REMICs held for distribution to such Certificateholders, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Sec Corp Mort Pas THR Cert Series 2004 2)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Vesta elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Vesta shall notify the Depositor other Servicer and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, each case on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Offered Certificates, (A) first to the Certificate Senior Certificates, and then to the Class M-1, Class M-2 and Class B Certificates sequentially, in that order, an amount equal to the Class Principal Balance thereof plus Current Interest and any Carryforward Interest and (aB) accrued interest thereon to the extent of available funds (or on their Notional Amountother than funds described in clause (ii) below) after the distributions in clause (i)(A) above, if applicable) the amounts referred to and in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts order described in the case of the Class PO CertificatesSection 4.02(d)B-H, and (ii) as to the Residual Class P Certificates, the aggregate amount, if any, of all Prepayment Premiums for Vesta Serviced Loans which remains remain on deposit in the Distribution Collection Accounts and the Certificate Account and (other than iii) as to the amounts retained Class X Certificates, the amount due to meet claims) after application pursuant to clause the Class X Certificate under this agreement, not paid (i) abovebut in no way exceeding the amount in the Collection Account). In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001-He16)

Final Distribution on the Certificates. If on any Determination Date, (i) the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator promptly Trustee to send a final distribution 144 notice promptly to each Certificateholderrelated Certificateholder or (ii) the Trustee determines that a Class of Certificates shall be retired after a final distribution on such Class, the Trustee shall notify the related Certificateholders within five (5) Business Days after such Determination Date that the final distribution in retirement of such Class of Certificates is scheduled to be made on the immediately following Distribution Date. Any final distribution made pursuant to the immediately preceding sentence will be made only upon presentation and surrender of the related Certificates at the Corporate Trust Office of the Trustee. If the Master Servicer Terminator elects to exercise its termination rights terminate pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer such electing party intends to exercise its termination rightsterminate and of the applicable repurchase price of the related Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightstermination, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator Terminator will give such notice to each Rating Agency at the time such notice is given to related the affected Certificateholders. In the event such notice is given, the Master Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit and the receipt by the Trustee of a Request for File Release therefor, the Co-Trustee shall promptly release to the Master Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Classaffected Class the amounts allocable to such Certificates held in the Distribution Account (and, if applicable, the Carryover Reserve Fund) in the order and priority set forth in Section 4.02 hereof, 4.04 hereof on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders . Notwithstanding the reduction of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus of any Class of Certificates to zero, such Class will be outstanding hereunder (asolely for the purpose of receiving distributions (if any) accrued interest thereon (or on their Notional Amount, if applicableto which it may be entitled pursuant to the terms of this Agreement and not for any other purpose) in until the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case termination of the Class PO Certificatesrespective obligations and responsibilities of the Depositor, and (ii) as to the Residual Certificateseach Seller, the amount, if any, which remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveaccordance with Article IX. In the event that any affected Certificateholders shall not surrender related Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their related Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets that remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which that remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2005-Ab3)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Vesta elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Vesta shall notify the Depositor any other Servicer and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, each case on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Offered Certificates, (A) first to the Certificate Senior Certificates, and then to the Class M-1, Class M-2 and Class B Certificates sequentially, in that order, an amount equal to the Class Principal Balance thereof plus Current Interest and any Carryforward Interest and (aB) accrued interest thereon to the extent of available funds (or on their Notional Amountother than funds described in clause (ii) below) after the distributions in clause (i)(A) above, if applicable) the amounts referred to and in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts order described in the case of the Class PO Certificates, Section 4.02(d)B-I and (ii) as to the Residual Class X Certificates, the amountamount due to the Class X Certificate under this agreement, if any, which remains on deposit not paid (but in no way exceeding the amount in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveCollection Account). In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Abs Trust Series 2001-He22)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each CertificateholderCertificateholder and the Swap Provider. If the Master Servicer elects to exercise its termination rights option to purchase the Mortgage Loans pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date Final Distribution Date and the Master Servicer intends to exercise its termination rights. Termination Price. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, made and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee or the Custodian, as the case may be, of a Request for Release therefor, the Trustee or the Custodian, as the case may be, shall promptly release to the Servicer the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class CE Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class CE Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written noticeNotice of Final Distribution, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the such second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class AR or R-LR and Class A-UR Certificateholders X Certificateholders, as the beneficial owner of the residual interest issued by the REMICs created under this Agreement applicable, shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Cb5)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightstermination, specifying the Distribution Date on upon which related the Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Master Servicer by letter to related Certificateholders mailed not earlier than the 15th day of date specified in the month preceding the month of such final distribution and not later than the 5th day of the month of such final distributionReference Agreement. Any such notice shall specify (a) the Distribution Date upon which final distribution on of the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location amount of the office or agency at which such presentation and surrender must be made, final distribution and (c) if applicable, that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator If applicable, the Master Servicer will give such notice to each Rating Agency the Certificate Registrar and the Custodian at the time such notice is given to related Certificateholders. Upon presentation and surrender of In the related Certificatesevent such notice is given, the Trust Administrator Master Servicer shall cause to be distributed to the Certificateholders of each related Class, deposit in the order set forth in Section 4.02 hereof, Certificate Account on the final applicable Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, Date an amount equal to (i) as the final distribution in respect of the Certificates. Upon certification to each Class of Regular Certificatesthe Trustee by a Servicing Officer following such final deposit, the Certificate Principal Balance thereof plus (a) accrued interest thereon (Trustee shall promptly release or on their Notional Amount, if applicable) in shall cause the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as Custodian to release to the Residual CertificatesMaster Servicer in accordance with the reason for the final distribution, the amount, if any, which remains on deposit in Contract Files for the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveContracts. In the event that any affected all of the Certificateholders shall not surrender their Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Master Servicer shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Master Servicer may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master REMIC which remain subject hereto and the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to Trustee receives notice that the date notice Underlying Trust is to be mailed to terminated in accordance with the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator terms of the date Underlying Agreement, notice shall be given by the Master Servicer intends Trustee to exercise its termination rightsCertificateholders as promptly as practicable thereafter. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than as promptly practicable after the 5th day Trustee receives notice that the Underlying Trust is to be terminated in accordance with the terms of the month of such final distributionUnderlying Agreement. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will also give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon the final distribution with respect to the Trust Fund, the Trustee shall promptly release to the Holder of the Class A-R Certificate the Deposited Underlying Certificates. Upon presentation and surrender of the related CertificatesCertificates for payment of the final distribution and cancellation, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 3.04. hereof, on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. Notwithstanding the reduction of the Class Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder (solely for the purpose of receiving distributions and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, the Underlying Certificate Seller, and the Trustee hereunder in accordance with Article VII. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which the Trust Fund that remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Trust Agreement (CHL Mortgage Pass-Through Trust Resecuritization 2008-2r)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee in writing promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify in writing the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of 106 principal to be included in such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular the Offered Certificates, the Class Certificate Principal Balance of each Class thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class R Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund, on a pro-rata basis among the remaining Certificateholders. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Popular ABS Mortgage Pass-Through Trust 2005-1)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer or the Class X Certificateholder elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Certificateholders such electing party shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer or the Class X Certificateholder intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. In the event such Notice of any termination of Final Distribution is given, the Trust Fund, or of Servicer shall cause all funds in the exercise of Collection Account to be remitted to the Master Servicer’s termination rights, specifying Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date on which related Certificateholders may surrender their Certificates for payment of in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and cancellation, shall be given promptly the receipt by the Trust Administrator by letter Trustee of a Request for Release therefor, the Trustee shall forward such Request for Release to related Certificateholders mailed not earlier than the 15th day of Custodian and the month preceding Custodian shall promptly release to the month of such final distribution and not later than Servicer the 5th day of Custodial Files for the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related CertificateholdersMortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Certificate Insurer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Optional Termination Holder above elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Certificateholders such Person shall notify the Depositor Servicers and the Trust Administrator Trustee of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may shall surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable 113 to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof4.02, on in the final Distribution Datecase of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account Collection Accounts (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Pass Through Certificates Series 2003-2)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans Assets and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master REMIC which remain subject hereto and the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2004-9)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Optional Termination Holder above elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Certificateholders such Person shall notify the Depositor Servicers and the Trust Administrator Trustee of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may shall surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof4.02, on in the final Distribution Datecase of the Certificateholders, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account Collection Accounts (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001-S23)

Final Distribution on the Certificates. 136 If on any Determination Date, (i) the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator promptly Trustee to send a final distribution notice promptly to each CertificateholderCertificateholder or (ii) the Trustee determines that a Class of Certificates shall be retired after a final distribution on such Class, the Trustee shall notify the related Certificateholders within five (5) Business Days after such Determination Date that the final distribution in retirement of such Class of Certificates is scheduled to be made on the immediately following Distribution Date. Any final distribution made pursuant to the immediately preceding sentence will be made only upon presentation and surrender of the related Certificates at the Corporate Trust Office of the Trustee. If the Master Servicer Terminating Party elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer such electing party intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the related Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th 10th day of the month preceding the month of such final distribution and not no later than the 5th 15th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator Master Servicer will give such notice to each Rating Agency at the time such notice is given to the affected Certificateholders. In the event such notice is given, the Master Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date. Upon such final deposit and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Terminating Party the Mortgage Files for the related CertificateholdersMortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass the amounts allocable to such Certificates held in the Distribution Account (and, if applicable, the Carryover Reserve Fund) in the order and priority set forth in Section 4.02 hereof, 4.04 hereof on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender related Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their related Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their 137 Certificates, and the cost thereof shall be paid out of the funds and other assets that remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which that remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2004-Bc4)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Terminating Entity elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Terminating Entity shall notify the Depositor any other Servicer and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, each case on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, Offered Certificates and the Certificate Class A-IO-2 Certificates (A) an amount equal to the Class Principal Balance thereof plus Current Interest and any Carryforward Interest in accordance with the priority of distributions set forth in Section 4.02 and (aB) accrued interest thereon to the extent of available funds (or on their Notional Amountother than funds described in clause (ii) below) after the distributions in clause (i)(A) above, if applicable) the amounts referred to and in the case of an interest bearing Certificate and order described in Section 4.02(e)(iii) through (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and ix); (ii) as to the Residual Class A-IO-S Certificates, the amountaggregate Excess Servicing Fee due to the Class A-IO-S Certificates and not paid and (iii) as to the Class X Certificates, the amount due to the Class X Certificate under this Agreement, not paid (but in no way exceeding the amount in the Collection Account). Notwithstanding the foregoing, if the final Distribution Date has occurred as a result of a Terminating Entity’s purchase of the Trust Fund pursuant to Section 9.01(A), all amounts, if any, which remains on deposit in excess of the Distribution Account (other than Par Value shall be distributed by the amounts retained Trustee directly to meet claims) after application pursuant to clause (i) abovethe Class X Certificates. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Home Equity Pass Through Certs Ser 2003-4)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans Assets and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master REMIC which remain subject hereto and the Class A-A LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Securitization Trust 2004-6)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund or the Auction Purchaser purchases the Mortgage Loans pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer or the Auction Purchaser, as applicable, shall notify the Depositor Rating Agencies, the Back-Up Servicer and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of On the related Certificatesfinal Distribution Date, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, upon presentation and surrender of the Certificates, and to the Trustee and the Credit Risk Manager distributions and payments in accordance with Section 4.02. Notwithstanding the order set forth in Section 4.02 hereofforegoing, on if the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders Date has occurred as a result of a Servicer's purchase of the same ClassTrust Fund pursuant to Section 9.01(A), an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amountall amounts, if any, which remains on deposit in excess of the Distribution Account (other than Par Value shall be distributed by the amounts retained Trustee directly to meet claims) after application pursuant to clause (i) abovethe Class X Certificates. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR R and Class AR-UR II Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Home Equity Pass-Through Certificates, Series 2004-Fre1)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, Class on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class4.02, an amount equal to (i) as to each Class of Regular Certificates (other than the Notional Amount Certificates), the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the 106 applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Holders of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar21)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to Notice of Final Distribution each Certificateholder. If the Master Servicer or the Class X Certificateholder elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Certificateholders such electing party shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer or the Class X Certificateholder intends to exercise its termination rights. Notice of any termination terminate the Trust Fund and of the Trust Fund, or applicable repurchase price of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution Mortgage Loans and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distributionREO Properties. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and 107 surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular CertificatesCertificates (except the Class X Certificate), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificate accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Pass-Through Certificates Series 2003-He2)

Final Distribution on the Certificates. If on any Determination Servicer Remittance Date, the Master Servicer Securities Administrator determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Securities Administrator shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Master Servicer, the Securities Administrator and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of The Servicer shall be entitled to reasonably rely on a representation from the Majority Class X Certificateholder that it is the Majority Class X Certificateholder and is entitled under this Agreement to direct the Servicer to terminate the Trust Fund, or . A Notice of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Securities Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Securities Administrator will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event such Notice of Final Distribution is given and the Person electing to terminate the Trust Fund is the Servicer (at the direction of the Majority Class X Certificateholder), the Majority Class X Certificateholder shall remit the applicable Termination Price in immediately available funds to the Servicer at least two Business Days prior to the applicable Distribution Date, and, upon receipt of such funds from the Majority Class X Certificateholder, the Servicer shall promptly deposit such funds in the applicable Collection Account. During the time such funds are held in such Collection Account, such funds shall be invested, at the direction of the Majority Class X Certificateholder, in Permitted Investments, and the Majority Class X Certificateholder shall be entitled to all income from such investments, and shall be responsible for, and shall reimburse the Servicer for all losses from such investments. The Majority Class X Certificateholder shall be obligated to reimburse the Servicer for its reasonable out-of-pocket expenses incurred in connection with its termination of the Trust Fund at the direction of the Class X Certificateholder and shall indemnify and hold harmless the Servicer for any losses, liabilities or expenses resulting from any claims directly resulting from or relating to the Servicer’s termination of the Trust Fund at the direction of the Class X Certificateholder, except to the extent such losses, liabilities or expenses arise out of or result from the Servicer’s negligence, bad faith or willful misconduct. In connection with any such termiation of the Trust Fund, the Servicer shall cause all funds in the Collection Account, including the applicable Termination Price for the Mortgage Loans and REO properties if the Servicer is electing to terminate the Trust Fund remitted to the Master Servicer Account and the Master Servicer shall cause all funds in the Master Servicer Account to be remitted to the Securities Administrator for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Person electing to terminate the Trust Fund, or its designee, the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer (including all unreimbursed Advances and any Servicing Fees accrued and unpaid as of the date the Termination Price is paid), the Underlying Servicer, the Master Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.02, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Gsamp Trust 2004-Sd1)

Final Distribution on the Certificates. If If, on any Determination the Servicer Remittance Date, the Master Servicer determines notifies the Securities Administrator that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Securities Administrator shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholderthe applicable Certificateholders and the Swap Provider. If the Master Servicer electing Person elects to exercise its termination rights terminate the Trust pursuant to clause (a) of Section 10.0111.01, at least 5 days prior to by no later than the date notice is to be mailed to 10th day of the affected Certificateholdersmonth of the final distribution, the Master Servicer shall Securities Administrator upon request by the electing Person will notify the Depositor of the final Distribution Date and of the Termination Price of the Mortgage Loans and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. related REO Properties. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Securities Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Securities Administrator will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to related Certificateholders. In the event the electing Person purchases the Mortgage Loans (and REO Properties) pursuant to Section 11.01, such electing Person is required to remit to the Securities Administrator the Termination Price on the Servicer Remittance Date immediately preceding the applicable final Distribution Date. Upon such final deposit with respect to the Trust Fund and the receipt by the Custodian of the Request for Release, the Custodian shall promptly release to such electing Person or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due the Master Servicer, the Securities Administrator, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.01, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates, the Class Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.01, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account after application pursuant to clause (i) above (other than the amounts retained to meet claims) after application pursuant , which retained amounts shall also be released to clause (i) abovethe Residual Certificates, as applicable, as and to the extent such amounts shall no longer be required to be so retained). The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or notional principal balances set forth in the Preliminary Statement upon liquidation of the Trust. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Securities Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Securities Administrator may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th 100 day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A2)

Final Distribution on the Certificates. If If, on any Determination Remittance Date, the Master Servicer determines Servicers notify the Trustee that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholderthe applicable Certificateholders. If the Master Servicer Majority Class X Certificateholder elects to exercise its termination rights direct GreenPoint or any other Eligible Party to terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Majority Class X Certificateholder shall enter into an agreement with GreenPoint or such other Eligible Party ("Optional Termination Agreement"), which, among other things, shall require GreenPoint or such other Eligible Party to notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer Majority Class X Certificateholder intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. A Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsFinal Distribution, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 15th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice Notice of Final Distribution to each Rating Agency at the time such notice Notice of Final Distribution is given to Certificateholders. In the event GreenPoint or any such other Eligible Party purchases the Mortgage Loans (and REO Properties) pursuant to Section 9.01(a) prior to the Remittance Date, Optional Termination Agreement shall require the Majority Class X Certificateholder to remit to GreenPoint or any such other Eligible Party the applicable Termination Price on the Business Day immediately preceding the Remittance Date of the related Certificateholdersmonth and require GreenPoint or any such other Eligible Party to remit such funds to the Trustee on such Remittance Date. In the event GreenPoint or any such other Eligible Party purchases the Mortgage Loans (and REO Properties) pursuant to Section 9.01(a) after the Remittance Date, the Optional Termination Agreement shall require the Majority Class X Certificateholder to remit the applicable Termination Price in immediately available funds to GreenPoint or any such other Eligible Party one Business Day after such Notice of Final Determination is given and shall require GreenPoint or any such other Eligible Party to remit such funds to the Trustee at least two Business Days prior to the applicable Distribution Date. GreenPoint or any such other Eligible Party shall be entitled to reasonably rely on a representation from the Majority Class X Certificateholder that it is the Majority Class X Certificateholder and is entitled under this Agreement to direct GreenPoint or any such other Eligible Party to terminate the Trust Fund. The Majority Class X Certificateholder shall reimburse GreenPoint or any such other Eligible Party for its reasonable out of pocket expenses incurred in connection with its termination of the Trust Fund at the direction of the Majority Class X Certificateholder and shall indemnify and hold harmless GreenPoint or any such other Eligible Party for any losses, liabilities or expenses resulting from any claims directly resulting from or relating to the termination of the Trust Fund at the direction of the Majority Class X Certificateholder, except to the extent such losses, liabilities or expenses arise out of or result from GreenPoint's or any such other Eligible Party's negligence, bad faith or willful misconduct. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Majority Class X Certificateholder as GreenPoint's or any such other Eligible Party's designee (as shall be provided in the Optional Termination Agreement) the Custodial Files for the Mortgage Loans. GreenPoint or any such other Eligible Party is an intended third party beneficiary with respect to its rights to reimbursement and indemnification under this Section 9.02. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.01, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular CertificatesCertificates (except the Class X Certificate), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificate accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.01, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

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

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, Class on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class4.02, an amount equal to (i) as to each Class of Regular Certificates (other than the Notional Amount Certificates), the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates 102 shall not have been surrendered for cancellation, then the Holders of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Flx3)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each related Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Interest-Only Certificates, ) and (ii) as to the Residual Certificates, the amount, if any, which that remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and (ii) the Class A-UR Certificateholders with respect shall be entitled to any such all unclaimed funds and other assetsassets of the Middle-Tier REMIC and the Upper-Tier REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-13)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, Class on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class4.02, an amount equal to (i) as to each Class of Regular Certificates (other than the Notional Amount Certificates), the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates 103 shall not have been surrendered for cancellation, then the Holders of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Flx2)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Accounts and Certificate Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer Vesta elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer Vesta shall notify the Depositor other Servicer and the Trust Administrator Trustee of the date the Master Servicer it intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. 108 Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th 25th day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will Trustee shall give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, each case on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Offered Certificates, (A) first to the Certificate Senior Certificates, and then to the Class M-1, Class M-2 and Class B Certificates sequentially, in that order, an amount equal to the Class Principal Balance thereof plus Current Interest and any Carryforward Interest and (aB) accrued interest thereon to the extent of available funds (or on their Notional Amountother than funds described in clause (ii) below) after the distributions in clause (i)(A) above, if applicable) the amounts referred to and in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts order described in the case of the Class PO Certificates, Section 4.02(d)B-I and (ii) as to the Residual Class X Certificates, the amountamount due to the Class X Certificate under this agreement, if any, which remains on deposit not paid (but in no way exceeding the amount in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) aboveCollection Account). In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable and appropriate steps, or may appoint an agent to take reasonable and appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, hereto and Certificateholders who have not surrendered Certificates the Trustee shall look only to such Class A-LR and Class A-UR Certificateholders be discharged from all further liability with respect to any such unclaimed funds the Certificates and other assetsthis Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Pass Through Certificates Series 2001 He20)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 10th day and not later than the 15th day of the month next preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. In the event such notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, Date and in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular the Offered Certificates, the Class Certificate Principal Balance of each Class thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Class R Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Equity One Abs Inc Mortgage Pass Thru Cert Series 2002-3)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the 104 Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto. The Supplemental Interest Trust shall terminate on the earlier of (i) the Distribution Date in May 2036 and (ii) the date on which the Class Certificate Balance of each of the Class 1-A-2, and Certificateholders who have not surrendered Certificates shall look only to such Class A1-LR A-7 and Class A2-UR Certificateholders with respect A-7 Certificates is reduced to any such unclaimed funds and other assets.zero. 105

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Securitization Trust 2006-A6)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date Trustee receives notice that an Underlying Trust is to be mailed terminated in accordance with the terms of the related Underlying Agreement, notice shall be given by the Trustee to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rightsrelated Certificateholders as promptly as practicable thereafter. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rightsan Underlying Trust, specifying the Distribution Date on which the related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related such Certificateholders mailed not earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution and not later than as promptly practicable after the 5th day Trustee receives notice that the Underlying Trust is to be terminated in accordance with the terms of the month of such final distributionrelated Underlying Agreement. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator Trustee will also give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon the final distribution with respect to the Trust Fund, the Trustee shall promptly release to the Holder of the Class A-R Certificate the remaining Deposited Underlying Certificates. Upon presentation and surrender of Certificates in a Certificate Group for payment of the related Certificatesfinal distribution and cancellation, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass in that Certificate Group, in the order set forth in Section 4.02 3.04 hereof, on the final Distribution Date, Date in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account with respect to the related Deposited Underlying Certificates (other than the amounts retained to meet claims) after application pursuant to clause (i) above. Notwithstanding the reduction of the Class Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder (solely for the purpose of receiving distributions and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, the Underlying Certificate Seller, and the Trustee hereunder in accordance with Article VII. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all such Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificateholder shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, in respect thereof which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Trust Agreement (Alternative Loan Trust Resecuritization 2008-2r)

Final Distribution on the Certificates. If on any Determination Datedate, the Master Servicer Trustee determines that there are no Outstanding Mortgage Loans Trust Assets still outstanding and no other funds or assets in the Trust Fund other than the funds in the Collection Distribution Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights pursuant to clause (a) of Section 10.01, at least 5 days prior to the date notice is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rights. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Trustee will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 4.01 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) PLUS accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesthereon, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master REMIC which remain subject hereto and the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs REMIC created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR R Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Trust Agreement (MASTR Seasoned Securitization Trust 2004-2)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trustee and the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Depositor shall notify the Depositor Servicer, the Trustee and the Trust Administrator of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. In the event such Notice of any termination of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying Administrator for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date on which related Certificateholders may surrender their Certificates for payment of in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and cancellation, shall be given promptly the receipt by the Trustee or the Trust Administrator by letter to related Certificateholders mailed not earlier than of a Request for Release therefor, the 15th day of Trustee or the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice shall promptly release to each Rating Agency at the time such notice is given to related CertificateholdersDepositor or its designee the Custodial Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor, the Master Servicer, the Trust Administrator and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the 158 same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates (except the Class C Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class C Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.02, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account with respect to the related REMIC (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the Class A-LR and Class A-UR Certificateholders as second notice all Certificates shall not have been surrendered for cancellation, the beneficial owner Holders of the residual interest issued by the REMICs created under this Agreement Residual Certificates with respect to their related REMIC shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, Class on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class4.02, an amount equal to (i) as to each Class of Regular Certificates (other than the Notional Amount Certificates), the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the 103 applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, then the Holders of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar15)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.01, at least 5 25 days prior to the date notice Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, shall be given promptly by the Trust Administrator by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each related Class of Regular Certificates, the Certificate Principal Balance thereof plus (a) accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Interest Only Certificates, ) and (ii) as to the Residual Certificates, the amount, if any, which that remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator may take reasonable steps, or may appoint an agent to take reasonable steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets of the Master Upper-Tier REMIC which that remain subject hereto and (i) the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related the Lower-Tier REMIC created under this Agreement, which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such (ii) the Class A-LR and Class A-UR R Certificateholders with respect shall be entitled to any such all unclaimed funds and other assetsassets of the Middle-Tier REMIC and the Upper-Tier REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2004-4)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, Fund specifying the Distribution Date on which related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates 95 shall not have been surrendered for cancellation, then the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDA Mortgage Loan Trust 2006-Ar3)

Final Distribution on the Certificates. If on any Determination Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer or the Class X Certificateholder elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Certificateholders such electing party shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer or the Class X Certificateholder intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. In the event such Notice of any termination of Final Distribution is given, the Trust Fund, or of Servicer shall cause all funds in the exercise of Collection Account to be remitted to the Master Servicer’s termination rights, specifying Trustee for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date on which related Certificateholders may surrender their Certificates for payment of in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and cancellation, shall be given promptly the receipt by the Trust Administrator by letter Custodian of a Request for Release therefor, the Custodian shall promptly release to related Certificateholders mailed not earlier than the 15th day of Servicer the month preceding Custodial Files for the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice to each Rating Agency at the time such notice is given to related CertificateholdersMortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, up to an amount equal to (i) as to each Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class X Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, all other amounts to which such Classes are entitled pursuant to Section 4.02 and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. 122 In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Final Distribution on the Certificates. If on any Determination Remittance Date, the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Account, the Master Servicer shall direct the Trustee and the Trust Administrator promptly to send a final distribution notice Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 20 days prior to the date notice the Notice of Final Distribution is to be mailed to the affected Certificateholders, the Master Servicer Depositor shall notify the Depositor Servicer, the Trustee and the Trust Administrator of the date the Master Servicer Depositor intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. In the event such Notice of any termination of Final Distribution is given, the Servicer shall cause all funds in the Collection Account to be remitted to the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying Administrator for deposit in the Distribution Account on the Business Day prior to the applicable Distribution Date on which related Certificateholders may surrender their Certificates for payment of in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and cancellation, shall be given promptly the receipt by the Trustee or the Trust Administrator by letter to related Certificateholders mailed not earlier than of a Request for Release therefor, the 15th day of Trustee or the month preceding the month of such final distribution and not later than the 5th day of the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the location of the office or agency at which such presentation and surrender must be made, and (c) that the Record Date otherwise applicable to such Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related Certificates at the office therein specified. The Trust Administrator will give such notice shall promptly release to each Rating Agency at the time such notice is given to related CertificateholdersDepositor or its designee the Custodial Files for the Mortgage Loans. Fremont 2005-B Pooling & Servicing Agreement 148 Upon presentation and surrender of the related Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each related ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor, the Master Servicer, the Trust Administrator and the Trustee hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount up to an amount equal to (i) as to each Class of Regular Certificates (except the Class C Certificates), the Certificate Principal Balance thereof plus (a) for each such Class and the Class C Certificates accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificatesall other amounts to which such Classes are entitled pursuant to Section 4.02, and (ii) as to the Residual Certificates, the amount, if any, which remains on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Trust Administrator shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Holders of the Class A-LR and Class A-UR Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement R Certificates shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, and Certificateholders who have not surrendered Certificates shall look only to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a final distribution notice to each Certificateholder. If the Master Servicer elects to exercise its termination rights terminate the Trust Fund pursuant to clause (a) of Section 10.019.01, at least 5 days prior to no later than the date notice is to be mailed to 15th day of the affected Certificateholders, month preceding the Master month of the final Distribution Date the Servicer shall notify the Depositor and the Trust Administrator Trustee of the date the Master Servicer intends to exercise its termination rightsterminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties. Notice of any termination of the Trust Fund, or of the exercise of the Master Servicer’s termination rights, specifying the Distribution Date on which the related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation, cancellation shall be given promptly by the Trust Administrator Trustee by letter to related the Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 5th last day of the month next preceding the month of such final distribution. Any such notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of such Certificates at the office therein designated, (b) the amount of such final distribution, (c) the location of the office or agency at which such presentation and surrender must be made, and (cd) that the Record Date otherwise applicable to such the Distribution Date is not applicable, distributions being made only upon presentation and surrender of the related such Certificates at the office therein specified. The Trust Administrator Servicer will give such notice to each Rating Agency at the time such notice is given to related the Certificateholders. If this notice is given, the Servicer shall cause all funds in the Certificate Account to be remitted to the Trustee for deposit in the Distribution Account on the Business Day before the applicable Distribution Date in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit with respect to the Trust Fund and the receipt by the Trustee of a Request for Release therefor, the Trustee shall promptly release to the Servicer the Mortgage Files for the Mortgage Loans. Upon presentation and surrender of the related Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each related Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date4.02, in proportion to their respective Percentage Interests, with respect to Certificateholders of the same Class, an amount equal to (i) as to each Class of Regular Certificates, the its Certificate Principal Balance thereof plus (a) for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest interest-bearing Certificate and (b) any applicable PO Deferred Amounts in the case of the Class PO Certificates, and (ii) as to the Residual Certificates, the amount, if any, which remains any amount remaining on deposit in the Distribution Account (other than the amounts retained to meet claims) after application pursuant to clause (i) above. In Notwithstanding the event that reduction of the Certificate Balance of any Class of Certificates to zero, such Class will be outstanding hereunder solely for the purpose of receiving distributions and for no other purpose until the termination of the respective obligations and responsibilities of the Depositor, the Servicer and the Trustee hereunder in accordance with Article Nine. The foregoing provisions are intended to distribute to each Class of Regular Certificates any accrued and unpaid interest and principal to which they are entitled based on the Pass-Through Rates and actual Class Certificate Balances or Notional Amounts set forth in the Preliminary Statement upon liquidation of the Trust Fund. If any affected Certificateholders shall Certificateholder does not surrender its Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Trust Administrator Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six months after the second notice all the applicable Certificates shall not have been surrendered for cancellation, the Trust Administrator Trustee may take reasonable appropriate steps, or may appoint an agent to take reasonable appropriate steps, to contact the remaining Certificateholders concerning surrender of their Certificates, and the cost thereof shall be paid out of the funds and other assets which remain a part of the Master REMIC which remain subject hereto and Trust Fund. If within one year after the second notice, all Certificates shall not have been surrendered for cancellation, then the Class A-LR and Class A-UR R Certificateholders as the beneficial owner of the residual interest issued by the REMICs created under this Agreement shall be entitled to all unclaimed funds and other assets of each related REMIC created under this Agreement, the Trust Fund which remain subject hereto, . The Supplemental Interest Trust shall terminate on the earlier of (i) the Distribution Date in August 2036 and Certificateholders who have not surrendered (ii) the date on which the Class Certificate Balance of the Class 1-A-1 Certificates shall look only is reduced to such Class A-LR and Class A-UR Certificateholders with respect to any such unclaimed funds and other assetszero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar19)

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