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 Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than the 10th day of the month of the expected final distribution, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificates. Notice of any termination of a portion of the Trust Fund, 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 by letter to the related Certificateholders mailed not later than the 10th day of the month of such final distribution. Any such 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 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 Certificateholders. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates, 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). 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 Upper-Tier REMIC that remain subject hereto and (i) the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Marm 2005-7), Pooling and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-2)

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Final Distribution on the Certificates. If on any Determination Date, (i) 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 send a final distribution notice promptly to send each Certificateholder or (ii) the Securities Administrator determines that a Notice Class of Final Certificates shall be retired after a final distribution on such Class, the Securities Administrator shall notify the Certificateholders within seven (7) 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 each Certificateholderthe immediately preceding sentence will be made only upon presentation and surrender of the Certificates at the office of the Securities Administrator specified in such notice. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 10 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer Securities Administrator shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 Securities Administrator by letter to the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of 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 Securities Administrator will give such notice to each the Rating Agency at the time such notice is given to Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer Securities Administrator shall cause all funds in the Collection Account, including Account and the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Servicing Administrator Collection Account to be remitted to the Trust Administrator for deposit deposited in the Distribution Certificate Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund, certification to the Trustee that such required amount has been deposited in the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each Class, Class the amounts allocable to such Certificates held in the Certificate Account in the order and priority set forth in Section 4.02 hereof, 5.05 hereof on the final Distribution Date for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). 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 that remain a part of the Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, Trust Fund that remain subject hereto. Upon payment to the Class R Certificateholders of such funds and assets, neither the Securities Administrator nor the Trustee shall have any further duties or obligations with respect thereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust Asset-Backed Certificates, Series TMTS 2005-6he), Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2005-10he)

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 any Collection Account, the Master Servicer shall direct the Trust Securities Administrator promptly to send a Notice of Final Distribution to each CertificateholderCertificateholder and to the Swap Counterparty. If the Master Servicer (upon instruction from the Depositor or voluntarily) elects to terminate a portion of exercise their option to purchase the Trust Fund Mortgage Loans pursuant to clause (a) of Section 10.0111.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day date the Notice of Final Distribution is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Swap Counterparty and the Trust Securities Administrator of (a) the Distribution Date date on which the Master Servicer intends to terminate exercise such portion of purchase option and (b) the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesTermination Price. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 Securities Administrator by letter to the related Certificateholders mailed not earlier than the 10th day and not later than the 10th 15th day of the month of such final distribution. Any such 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 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 the Swap Counterparty and to each Rating Agency at the time such notice Notice of Final Distribution is given to Certificateholders. In connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Master Servicer for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Custodian of a Request for Release therefor, the Trust Administrator Custodian shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each ClassClass (after reimbursement of all amounts due to the Servicer, the Master Servicer, the Securities Administrator, the Depositor, the Trustee and the Swap Counterparty hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and 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, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Wmc1), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Wmc1)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for File Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance 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 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 Upper-Tier REMIC that remain subject hereto and (i) 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 Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

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, Date the Master Servicer determines that there are no Outstanding Mortgage Loans in an Aggregate Loan Group and no other funds or assets in the Trust Fund with respect to such Aggregate Loan Group other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a Notice of Final Distribution final distribution notice to each CertificateholderCertificateholder of Group I or Group II Certificates, as applicable. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than the 10th 15th day of the month preceding the month of the expected final distribution, Distribution Date the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which date the Master Servicer intends to terminate such the related portion of the Trust Fund; provided, however, if the Trust Administrator Fund related to an Aggregate Loan Group and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month applicable repurchase price of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, Fund related to an Aggregate Loan Group 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 the related Certificateholders mailed not earlier than the 15th day and not later than the 10th last day of the month next preceding the month of such final distribution. Any such Notice of Final Distribution 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 such Certificateholders. In connection with any such termination of a portion of the Trust FundIf this notice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Certificate Account with respect to such Aggregate Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Group to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to before the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Group I or Group II Certificates, as applicable. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage LoansLoans in such Aggregate Loan Group. 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 Date for the related Certificates4.02, 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 its Certificate Principal Balance thereof plus for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest-bearing Certificate and (ii) as to the Residual Certificates, only if such termination is with respect to the amountlast remaining Aggregate Loan Group, if any, that 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 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 Upper-Tier REMIC that remain subject hereto Trust Fund. If within one year after the second notice, and (i) only if such termination is with respect to the Class A-LR Certificateholders last remaining Aggregate Loan Group, all Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) not have been surrendered for cancellation, then the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2006-Ar33)

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 Notice of Final Distribution to each Certificateholder. If the Master Servicer or the Class X Certificateholder elects to terminate a portion of the Trust Fund pursuant to clause (a) Section 9.01, at least 20 days prior to the date the Notice of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than Final Distribution is to be mailed to the 10th day of the month of the expected final distribution, the Master Servicer affected Certificateholders such electing party shall notify the Depositor and the Trust Administrator Trustee of the final Distribution Date on which the Master Servicer or the Class X Certificateholder intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 the related Certificateholders mailed not earlier than the 10th day and not later than the 10th 15th day of the month next preceding the month of such final distribution. Any such 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 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 connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall forward the Request for Release to the Custodian and the Custodian shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and 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, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

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, (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 Notice of Final Distribution 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 elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionCertificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the related Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, 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 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 for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). In the event that any affected Certificateholders shall not surrender related 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 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 of the Upper-Tier REMIC that remain subject hereto and (i) the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.assets

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2002 Bc2)

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 any Collection Account, the Master Servicer shall direct the Trust Securities Administrator promptly to send a Notice of Final Distribution to each CertificateholderCertificateholder and to the Swap Counterparty. If either the Master Servicer elects (upon instruction from the Depositor or voluntarily) or JPMorgan elect to terminate a portion of exercise their option to purchase the Trust Fund Mortgage Loans pursuant to clause (a) of Section 10.0111.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day date the Notice of Final Distribution is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Swap Counterparty, the Securities Administrator and the Trust Administrator PMI Insurer of (a) the Distribution Date date on which the Master Servicer intends to terminate exercise such portion of purchase option and (b) the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesTermination Price. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 Securities Administrator by letter to the related Certificateholders mailed not earlier than the 10th day and not later than the 10th 15th day of the month of such final distribution. Any such 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 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 the Swap Counterparty and to each Rating Agency at the time such notice Notice of Final Distribution is given to Certificateholders. In connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the related Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Master Servicer for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Custodian of a Request for Release therefor, the Trust Administrator Custodian shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each ClassClass (after reimbursement of all amounts due to the Servicer, the Master Servicer, the Securities Administrator, the Depositor, the Trustee and the Swap Counterparty hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and 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, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2005-I1)

Final Distribution on the Certificates. If on any Determination Date, (i) 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 send a final distribution notice promptly to send each Certificateholder or (ii) the Securities Administrator determines that a Notice Class of Final Certificates shall be retired after a final distribution on such Class, the Securities Administrator shall notify the Certificateholders within seven (7) 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 each Certificateholderthe immediately preceding sentence will be made only upon presentation and surrender of the Certificates at the office of the Securities Administrator specified in such notice. If the Master each Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 10 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer Securities Administrator shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 Securities Administrator by letter to the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of 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 Securities Administrator will give such notice to each the Rating Agency at the time such notice is given to Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer Securities Administrator shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator for deposit deposited in the Distribution Certificate Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund, certification to the Trustee that such required amount has been deposited in the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each Class, Class and the Certificate Insurer the amounts allocable to such Certificates held in the Certificate Account in the order and priority set forth in Section 4.02 hereof, 5.05 hereof on the final Distribution Date for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). 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 that remain a part of the Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, Trust Fund that remain subject hereto. Upon payment to the Class R Certificateholders of such funds and assets, neither the Securities Administrator nor the Trustee shall have any further duties or obligations with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series 2004-11he)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed 153 not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for File Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2006-6)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for File Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

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 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 Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 5 days prior to the 10th day date Notice of Final Distribution is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which date the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificates. Notice of any termination of a portion of the Trust Fund, 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 by letter to the related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 10th 5th day of the month of such final distribution. Any such 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 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 Certificateholders. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related CertificatesDate, 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 accrued interest thereon (or on their Notional Amount, in the case of the Interest-Only Certificates) and (ii) as to the Residual Certificates, the amount, if any, 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 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 Upper-Tier REMIC that remain subject hereto and (i) the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary Lower-Tier REMIC and (ii) the Class A-R UR Certificateholders shall be entitled to all unclaimed funds and other assets of the Master 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, 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 Notice of Final Distribution final distribution notice to each Certificateholder. If the Servicer, or the Servicer is no longer acting as Servicer, the Master Servicer elects to terminate a portion of the Trust Fund exercise its termination rights pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 5 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Servicer or the Master Servicer Servicer, as applicable, shall notify the Depositor and the Trust Administrator of the Distribution Date on which date the Servicer or Master Servicer Servicer, as applicable, intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificatesexercise its termination rights. Notice of any termination of a portion of the Trust Fund, or of the exercise of the Servicer’s or 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, shall be given promptly by the Trust Administrator by letter to the related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 10th 5th day of the month of such final distribution. Any such Notice of Final Distribution 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. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. 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 Date for case of the related CertificatesCertificateholders 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate, and (ii) as to the Residual Certificates, the amount, if any, that 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 Upper-Tier Master REMIC that which remain subject hereto hereto, and (i) 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 the Subsidiary each related REMIC created under this Agreement, which remain subject hereto, and (ii) the Certificateholders who have not surrendered Certificates shall look only to such Class A-R LR and Class A-UR Certificateholders shall be entitled with respect to all any such unclaimed funds and other assets of the Master REMIC, in each case, that remain subject heretoassets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (STARM Mortgage Loan Trust 2007-3)

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 AccountProtected Accounts, the Master Servicer shall direct the Trust Administrator promptly Trustee to send a Notice of Final Distribution 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 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than on or before the 10th day of Distribution Date occurring in the month of preceding the expected final distributionmonth in which notice is to be mailed to the Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which date the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if . The Master Servicer shall remit the Trust Administrator and Mortgage Loan Repurchase Price to the Trustee on the Business Day immediately preceding the Distribution Date on which such Optional Termination by the Master Servicer are not will be effected. Provided that the same PersonTrustee has received timely notice, then such the Trustee shall give notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificates. Notice of any termination of a portion of the Trust Fund, specifying the Distribution Date on which the related Certificateholders may surrender their Certificates for payment of the final distribution and cancellation. To the extent reasonably practical, such notice shall be given promptly by the Trust Administrator by letter to the related Certificateholders mailed not earlier than the 1st day and no later than the 10th 15th day of the month of such final distribution. Any such Notice of Final Distribution distribution and shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of 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 to each Rating Agency at the time such notice is given to Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, each Protected Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, Servicer or its designee, designee the Mortgage Files for the related Mortgage Loans, and any documents necessary to transfer any REO Property. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each Class, Class the amounts allocable to such Certificates held in the Distribution Account in the order and priority set forth in Section 4.02 hereof, 5.04 hereof on the final Distribution Date for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). 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 that remain a part of the Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, Trust Fund that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities 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 Notice of Final Distribution 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 elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionCertificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the related Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, 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 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 for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). 139 In the event that any affected Certificateholders shall not surrender related 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certs Ser 2003-Bc4)

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 Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than the 10th day of the month of the expected final distribution, the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the final Distribution Date on which the Master Servicer intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 the related Certificateholders mailed not later than the 10th 15th day of the month of such final distribution. Any such 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 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 connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, Servicer or its designee, designee the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof or Class N Notional Amount with respect to the Class N Certificates plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.02, (ii) as to the Residual Certificates, the amount, if any, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2005-Nc1)

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 Notice of Final Distribution 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 elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionCertificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the related Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, 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 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 for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). 141 In the event that any affected Certificateholders shall not surrender related 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certs Ser 2003-Bc5)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee 153 of a Request for File Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Asset-Backed Certificates Trust 2005-Ab5)

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 Notice of Final Distribution to each CertificateholderCertificateholder and to the Swap Counterparty. If the Master Servicer (upon instruction from the Depositor or voluntarily) elects to terminate a portion of exercise their option to purchase the Trust Fund Mortgage Loans pursuant to clause (a) of Section 10.0111.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day date the Notice of Final Distribution is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Derivative Counterparty and the Trust Securities Administrator of (a) the Distribution Date date on which the Master Servicer intends to terminate exercise such portion of purchase option and (b) the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesTermination Price. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 Securities Administrator by letter to the related Certificateholders mailed not earlier than the 10th day and not later than the 10th 15th day of the month of such final distribution. Any such 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 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 the Swap Counterparty and to each Rating Agency at the time such notice Notice of Final Distribution is given to Certificateholders. In connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Securities Administrator for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. The Securities Administrator shall timely provide the Servicer with the appropriate wiring instructions in respect of any such remittance. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Custodian of a Request for Release therefor, the Trust Administrator Custodian shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each ClassClass (after reimbursement of all amounts due to the Servicer, the Master Servicer, the Securities Administrator, the Depositor, the Trustee and the Swap Counterparty hereunder and payment of any amounts due to the Supplemental Interest Trust as provided under Section 4.02), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and 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, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp Trust 2007-Opt1)

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 Notice of Final Distribution 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 elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 5 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionCertificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of 139 the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 the related Certificateholders mailed not earlier than the 10th day and no later than the 10th 15th day of the month of such final distribution. Any such Notice of Final Distribution 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 Servicer will give such notice to each Rating Agency at the time such notice is given to the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the related Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, 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 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 for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). In the event that any affected Certificateholders shall not surrender related 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2004-Ec1)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed 143 not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for File Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2006-Abc1)

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 Notice of Final Distribution final distribution notice to each Certificateholder. If the Servicer, or the Servicer is no longer acting as Servicer, the Master Servicer elects to terminate a portion of the Trust Fund exercise its termination rights pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 5 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Servicer or the Master Servicer Servicer, as applicable, shall notify the Depositor and the Trust Administrator of the Distribution Date on which date the Servicer or Master Servicer Servicer, as applicable, intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificatesexercise its termination rights. Notice of any termination of a portion of the Trust Fund, or of the exercise of the Servicer’s or 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, shall be given promptly by the Trust Administrator by letter to the related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 10th 5th day of the month of such final distribution. Any such Notice of Final Distribution 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. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. 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 Date for case of the related CertificatesCertificateholders 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon in the case of an interest bearing Certificate, and (ii) as to the Residual Certificates, the amount, if any, that 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 Upper-Tier Master REMIC that which remain subject hereto hereto, and (i) 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 the Subsidiary each related REMIC created under this Agreement, which remain subject hereto, and (ii) the Certificateholders who have not surrendered Certificates shall look only to such Class A-R LR and Class A-UR Certificateholders shall be entitled with respect to all any such unclaimed funds and other assets of the Master REMIC, in each case, that remain subject heretoassets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (STARM Mortgage Loan Trust 2007-S1)

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 any Collection Account, the Master Servicer shall direct the Trust Securities Administrator promptly to send a Notice of Final Distribution to each CertificateholderCertificateholder and to the Swap Counterparty. If the Master Servicer (upon instruction from the Depositor or voluntarily) elects to terminate a portion of exercise their option to purchase the Trust Fund Mortgage Loans pursuant to clause (a) of Section 10.0111.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least [ ] days prior to the 10th day date the Notice of Final Distribution is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Swap Counterparty and the Trust Securities Administrator of (a) the Distribution Date date on which the Master Servicer intends to terminate exercise such portion of purchase option and (b) the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesTermination Price. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 Securities Administrator by letter to the related Certificateholders mailed not earlier than the [ ]th day and not later than the 10th [ ]th day of the month of such final distribution. Any such 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 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 the Swap Counterparty and to each Rating Agency at the time such notice Notice of Final Distribution is given to Certificateholders. In connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Master Servicer for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Custodian of a Request for Release therefor, the Trust Administrator Custodian shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each ClassClass (after reimbursement of all amounts due to the Servicer, the Master Servicer, the Securities Administrator, the Depositor, the Trustee and the Swap Counterparty hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class [X] Certificates), the Certificate Principal Balance thereof plus for each such Class and the Class [X] Certificates accrued interest thereon in the case of an interest-bearing Certificate and 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, that 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 [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 [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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR [R] Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans in an Aggregate Loan Group and no other funds or assets in the Trust Fund with respect to such Aggregate Loan Group other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a Notice of Final Distribution final distribution notice to each CertificateholderCertificateholder of Group I or Group II Certificates, as applicable. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than the 10th 15th day of the month preceding the month of the expected final distribution, Distribution Date the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which date the Master Servicer intends to terminate such the related portion of the Trust Fund; provided, however, if the Trust Administrator Fund related to an Aggregate Loan Group and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month applicable repurchase price of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, Fund related to an Aggregate Loan Group 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 the related Certificateholders mailed not earlier than the 15th day and not later than the 10th last day of the month next preceding the month of such final distribution. Any such Notice of Final Distribution 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 such Certificateholders. In connection with any such termination of a portion of the Trust FundIf this notice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Certificate Account with respect to such Aggregate Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Group to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to before the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Group I or Group II Certificates, as applicable. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage LoansLoans in such Aggregate Loan Group. 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 Date for the related Certificates4.02, 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 its Certificate Principal Balance thereof plus for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest-bearing Certificate and (ii) as to the Residual Certificates, only if such termination is with respect to the amountlast remaining Aggregate Loan Group, if any, that 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 113 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 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 Upper-Tier REMIC that remain subject hereto Trust Fund. If within one year after the second notice, and (i) only if such termination is with respect to the Class A-LR Certificateholders last remaining Aggregate Loan Group, all Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) not have been surrendered for cancellation, then the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (IndyMac INDX Mortgage Loan Trust 2007-Ar21ip)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). In the event that any affected Certificateholders shall not surrender related 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certs Series 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 Trustee promptly to send a Notice of Final Distribution to each Certificateholder. If the Master Servicer or the Class X Certificateholder elects to terminate a portion of the Trust Fund pursuant to clause (a) Section 9.01, at least 20 days prior to the date the Notice of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than Final Distribution is to be mailed to the 10th day of the month of the expected final distribution, the Master Servicer affected Certificateholders such electing party shall notify the Depositor and the Trust Administrator Trustee of the final Distribution Date on which the Master Servicer intends to terminate such portion of or the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificates. Class A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 the related Certificateholders mailed not earlier than the 10th day and not later than the 10th 15th day of the month next preceding the month of such final distribution. Any such 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 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 and the Swap Provider at the time such notice Notice of Final Distribution is given to Certificateholders. In connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall forward the Request for Release to the Custodian and the Custodian shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each ClassClass (after reimbursement of all amounts due to the Servicer, the Depositor, the Swap Provider 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 Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and 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, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have 146 been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

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, (i) the Securities Administrator determines based on the reports delivered by the Master Servicer determines under this Agreement that there are no Outstanding Mortgage Loans in Loan Group I and Loan Group II or no Outstanding Mortgage Loans in Loan Group III, and no other funds or assets in the Trust Fund with respect to Loan Group I and Loan Group II or Loan Group III other than the funds in the Collection related Distribution Account, the Master Servicer Securities Administrator shall direct notify the Trust Administrator Trustee and send a final distribution notice promptly to send each related Certificateholder or (ii) the Securities Administrator determines that a Notice Class of Final Certificates shall be retired after a final distribution on such Class, the Securities Administrator shall notify the Trustee and the 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 each Certificateholderthe immediately preceding sentence will be made only upon presentation and surrender of the related Certificates at the office of the Securities Administrator set forth herein. If the Master Servicer elects to terminate to exercise a portion of the Trust Fund Cleanup Call pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least twenty (20) days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionrelated Certificateholders, the Master Servicer shall notify the Depositor Securities Administrator and the Trust Administrator Trustee of the Distribution Date on which date the Master Servicer intends to terminate exercise such portion Cleanup Call. The Master Servicer shall remit the Termination Price to the Securities Administrator on behalf of the Trust Fund; provided, however, if related REMIC on the Trust Administrator and Business Day prior to the Distribution Date for such Optional Termination by the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesServicer. Notice of any termination the exercise of a portion of the Trust FundCleanup Call, 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 Securities Administrator by letter to the related Certificateholders mailed not no later than the 10th fifteenth (15th) day of the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the related such 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 Securities Administrator will give such notice to each Rating Agency at the time such notice is given to the related Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the related Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates related to the Loan Gxxxx or Loan Groups for which the Cleanup Call is being exercised. Upon certification to the Trustee by the Securities Administrator of the making of such final deposit by deposit, the Trustee shall promptly release or cause to be released to the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the remaining Mortgage Loans in the related Mortgage LoansLoan Group or Loans Groups for which the Cleanup Call is being exercised, and the Trustee shall execute all assignments, endorsements and other instruments delivered to it and necessary to effectuate such transfer. Upon presentation and surrender of the related Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each Class, such Class the amounts allocable to such Certificates held in the related Distribution Account in the order and priority set forth in Section 4.02 hereof, 5.04 hereof on the final Distribution Date for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six (6) months after the date specified in the above mentioned written notice, the Trust Securities Administrator shall give a second written notice to the remaining affected Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six (6) 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 affected 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 Upper-Tier REMIC that remain subject hereto and Trust Fund. If within two (i2) years after the Class A-LR second notice all affected Certificates shall not have been surrendered for cancellation, the related Residual Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) Trust Fund related to the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of Loan Group or Loan Groups for which the Master REMIC, in each case, Cleanup Call was exercised that remain subject heretohereto and the Securities Administrator shall release such funds upon written direction.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Ar2)

Final Distribution on the Certificates. If on any Determination Servicer Remittance Date, the related Servicer notifies the Trustee, the Certificate Insurer and the Master Servicer determines in writing that there are no related Outstanding Mortgage Loans and no other funds or assets in the Trust Fund other than the funds in the related Collection Account, the Master Servicer Trustee shall direct the Trust Administrator promptly to send a Notice of Final Distribution to each Certificateholderrelated Certificateholder and the Swap Provider. If the Master Servicer related Terminating Entity elects to terminate a portion of the Trust Fund pursuant to clause (a) or (b), as applicable, of Section 10.01, by purchasing certain the 25th day of the month preceding the month of the final distribution, the related Terminating Entity shall notify in writing the Depositor, the related Servicer, the Trustee, the Certificate Insurer and the Master Servicer, of the date the related Terminating Entity intends to terminate the Trust Fund and of the applicable Termination Price of the related Mortgage Loans and REO Properties by no later than the 10th day of the month of the expected final distribution, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesProperties. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 the related Certificateholders Certificate Insurer and the Certificateholders, mailed not later than the 10th 15th day of the month of such final distribution. Any such 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 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 the Certificate Insurer and the Certificateholders. In the event such Notice of Final Distribution is given, the related Terminating Entity shall remit the applicable Termination Price in immediately available funds to the related Servicer at least two Business Days prior to the applicable Distribution Date, and, upon receipt of such funds from the related Terminating Entity, the related Servicer shall promptly deposit such funds in the related Collection Account. In connection with any such termination of a portion of the Trust Fund, the Master related Servicer shall cause all funds in the related Collection Account, other than any Servicing Advances and Servicing Fees payable to such Servicer under the terms of this Agreement, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property applicable Termination Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than at or prior to 1:00 p.m. Eastern time on the Business Day immediately prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee or the Custodian, as applicable, of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicerrelated Terminating Entity, or its designee, the Mortgage Custodial 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 related Certificateholders of each ClassClass (after reimbursement of all amounts due to the related Servicer (including all unreimbursed Advances and any Servicing Fees and, if applicable, Master Servicing Fees accrued and unpaid as of the date the Termination Price is paid), the Depositor, 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 Date for the related Certificates4.02(a), 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 related Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.02(a), (ii) as to the Residual Class R Certificates, the amount, if any, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAA Home Equity Trust 2007-S1)

Final Distribution on the Certificates. If on any Determination Date, (i) 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 send a final distribution notice promptly to send each Certificateholder and the NIMs Insurer or (ii) the Securities Administrator determines that a Notice Class of Final Distribution to each Certificateholder. If the Master Servicer elects to terminate Certificates shall be retired after a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than the 10th day of the month of the expected final distributiondistribution on such Class, the Master Servicer Securities Administrator shall notify the Depositor Certificateholders within seven (7) 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 the Trust Administrator surrender of the Distribution Date on which Certificates at the Master Servicer intends to terminate such portion office of the Trust Fund; provided, however, if the Trust Securities Administrator and the Master Servicer are not the same Person, then specified in such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificatesnotice. Notice of any termination of a portion of the Trust Fund, 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 Securities Administrator by letter to the related Certificateholders mailed not no later than the 10th last calendar day of the month immediately preceding the month of such final distributiondistribution (or with respect to an Auction, mailed no later than one Business Day following completion of such Auction). Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of 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 Securities Administrator will give such notice to the NIMs Insurer and each Rating Agency at the time such notice is given to Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer Securities Administrator shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator for deposit deposited in the Distribution Certificate Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund, certification to the Trustee that such required amount has been deposited in the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each Class, Class the amounts allocable to such Certificates held in the Certificate Account in the order and priority set forth in Section 4.02 hereof, 4.04 hereof on the final Distribution Date for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). 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 that remain a part of the Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, Trust Fund that remain subject hereto. Upon payment to the Class R Certificateholders of such funds and assets, neither the Securities Administrator nor the Trustee shall not have any further duties or obligations with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Final Distribution on the Certificates. If on any Determination Date, (i) the Securities Administrator determines based on the reports delivered by the Master Servicer determines under this Agreement that there are no Outstanding Mortgage Loans in Loan Group I, Loan Group II, Loan Group III, Loan Group IV and Loan Group V, and no other funds or assets in the Trust Fund with respect to Loan Group I, Loan Group II, Loan Group III, Loan Group IV and Loan Group V other than the funds in the Collection Distribution Account, the Master Servicer Securities Administrator shall direct notify the Trust Administrator Trustee and send a final distribution notice promptly to send each related Certificateholder or (ii) the Securities Administrator determines that a Notice Class of Final Certificates shall be retired after a final distribution on such Class, the Securities Administrator shall notify the Trustee and the 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 each Certificateholderthe immediately preceding sentence will be made only upon presentation and surrender of the related Certificates at the office of the Securities Administrator set forth herein. If the Master Servicer elects to terminate exercise a portion of the Trust Fund Cleanup Call pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least twenty (20) days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionrelated Certificateholders, the Master Servicer shall notify the Depositor Securities Administrator and the Trust Administrator Trustee of the Distribution Date on which date the Master Servicer intends to terminate exercise such portion Cleanup Call. The Master Servicer shall remit the Termination Price to the Securities Administrator on behalf of the Trust Fund; provided, however, if related REMIC on the Trust Administrator and Business Day prior to the Distribution Date for such Optional Termination by the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesServicer. Notice of any termination the exercise of a portion of the Trust FundCleanup Call, 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 Securities Administrator by letter to the related Certificateholders mailed not no later than the 10th fifteenth (15th) day of the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the related such 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 Securities Administrator will give such notice to each Rating Agency at the time such notice is given to the related Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates related to the Loan Group or Loan Groups for which the Cleanup Call is being exercised. Upon certification to the Trustee by the Securities Administrator of the making of such final deposit by deposit, the Trustee shall promptly release or cause to be released to the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the remaining Mortgage Loans in the related Mortgage LoansLoan Group or Loan Groups for which the Cleanup Call is being exercised, and the Trustee shall execute all assignments, endorsements and other instruments delivered to it and necessary to effectuate such transfer. Upon presentation and surrender of the related Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each Class, such Class the amounts allocable to such Certificates held in the related sub-account of the Distribution Account in the order and priority set forth in Section 4.02 hereof, 5.04 hereof on the final Distribution Date for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). In the event that any affected Certificateholders shall not surrender Certificates for cancellation within six (6) months after the date specified in the above mentioned written notice, the Trust Securities Administrator shall give a second written notice to the remaining affected Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. If within six (6) 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 affected 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 Upper-Tier REMIC that remain subject hereto and Trust Fund. If within two (i2) years after the Class A-LR second notice all affected Certificates shall not have been surrendered for cancellation, the related Residual Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) Trust Fund related to the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of Loan Group or Loan Groups for which the Master REMIC, in each case, Cleanup Call was exercised that remain subject heretohereto and the Securities Administrator shall release such funds upon written direction.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Af1)

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 Notice of Final Distribution final distribution notice to each Certificateholder. If the Master Servicer elects to terminate a portion of the Trust Fund exercise its termination rights pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 5 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which date the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificatesexercise its termination rights. Notice of any termination of a portion 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, shall be given promptly by the Trust Administrator by letter to the related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 10th 5th day of the month of such final distribution. Any such Notice of Final Distribution 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. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. 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 for Date, in the related Certificatescase 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 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, that 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 Upper-Tier Master REMIC that which remain subject hereto hereto, and (i) 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 the Subsidiary each related REMIC created under this Agreement, which remain subject hereto, and (ii) the Certificateholders who have not surrendered Certificates shall look only to such Class A-R LR and Class A-UR Certificateholders shall be entitled with respect to all any such unclaimed funds and other assets of the Master REMIC, in each case, that remain subject heretoassets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mastr Seasoned Securitization Trust 2005-2)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 5 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionCertificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 the related Certificateholders mailed not earlier than the 10th day and no later than the 10th 15th day of the month of such final distribution. Any such Notice of Final Distribution 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 connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, Terminating Party 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 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 for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). In the event that any affected Certificateholders shall not surrender related 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

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

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Final Distribution on the Certificates. If on any Determination Servicer Remittance Date, the Master Servicer determines notifies the Trustee and the Certificate Insurer in writing that there are no related 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 Notice of Final Distribution to each Certificateholderrelated Certificateholder and the Swap Provider. If the Master Servicer related Terminating Entity elects to terminate a portion of the Trust Fund pursuant to clause (a) or (b), as applicable, of Section 10.019.01, by purchasing certain the 25th day of the month preceding the month of the final distribution, the related Terminating Entity shall notify in writing the Depositor, the Servicer, the Trustee, the Swap Provider and the Certificate Insurer of the date the related Terminating Entity intends to terminate the Trust Fund and of the applicable Termination Price of the related Mortgage Loans and REO Properties by no later than the 10th day of the month of the expected final distribution, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesProperties. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 the related Certificateholders and the Certificate Insurer, mailed not later than the 10th 15th day of the month of such final distribution. Any such 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 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 CertificateholdersCertificateholders and the Certificate Insurer. In the event such Notice of Final Distribution is given, the related Terminating Entity 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 related Terminating Entity, the Servicer shall promptly deposit such funds in the Collection Account. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, other than any Servicing Advances and Servicing Fees payable to the Servicer under the terms of this Agreement, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property applicable Termination Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than at or prior to 1:00 p.m. Eastern time on the Business Day immediately prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicerrelated Terminating Entity, or its designee, the Mortgage Custodial 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 related Certificateholders of each 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 Depositor, 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 Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class X Certificates, as applicable), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificates, as applicable, accrued interest thereon in the case of an interest bearing Certificate and all other amounts to which such Classes are entitled pursuant to Section 4.02, (ii) as to the related Residual Certificates, the amount, if any, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the Class A-LR second notice all related Certificates shall not have been surrendered for cancellation, the related Residual Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FFMLT 2007 FFB-Ss)

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 Notice of Final Distribution 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 elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionCertificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the related Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, 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 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance with this 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the Class A-LR Certificateholders second notice all related Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) not have been surrendered for cancellation, the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWABS Asset Backed Certificates Trust 2004-S1)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (aa)(i) of Section 10.019.1, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer Majority Class X Certificateholders shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which date the Master Servicer intends Majority Class X Certificateholders intend to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 Certificateholders and the related Certificateholders NIMS Insurer, if any, mailed not later earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of 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 Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer Trustee shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, Trustee the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each Class, in the order set forth in Section 4.02 4.2 hereof, on the final Distribution Date for Date, in the related Certificatescase 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest-bearing Certificate, and (ii) as to the Residual Certificates, the amount, if any, that 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 Upper-Tier REMIC that remain subject hereto and (i) 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 Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled REMICs held for distribution to all unclaimed funds and other assets of the Master REMICsuch Certificateholders, in each case, that which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Aegis Asset Backed Sec Tr Mort Pass THR Cert Ser 2004 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 Notice of Final Distribution 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 elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionCertificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the Mortgage Pool Insurer and each Rating Agency at the time such notice is given to the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the related Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, 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 Classaffected Class the amounts allocable to such Certificates held in the Distribution Account (and, if applicable, the Carryover Reserve Fund), net of any portion thereof necessary to pay to the Mortgage Pool Insurer all amounts owed to the Mortgage Pool Insurer hereunder and under the Insurance Agreement, in the order and priority set forth in Section 4.02 hereof, 4.04 hereof on the final Distribution Date for the related Certificates, and in proportion to their respective Percentage Interests; provided, however, that the Master Servicer shall provide the Trustee 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 accrued interest thereon and (ii) as a certificate setting forth any amounts owed to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims)Mortgage Pool Insurer. In the event that any affected Certificateholders shall not surrender related 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset-Backed Certificates Series 2003-S1)

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 any Collection Account, the Master Servicer shall direct the Trust Securities Administrator promptly to send a Notice of Final Distribution to each CertificateholderCertificateholder and to the Swap Counterparty. If the Master Servicer (upon instruction from the Depositor or voluntarily) elects to terminate a portion of exercise their option to purchase the Trust Fund Mortgage Loans pursuant to clause (a) of Section 10.0111.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day date the Notice of Final Distribution is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Swap Counterparty and the Trust Securities Administrator of (a) the Distribution Date date on which the Master Servicer intends to terminate exercise such portion of purchase option and (b) the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesTermination Price. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 Securities Administrator by letter to the related Certificateholders mailed not earlier than the 10th day and not later than the 10th 15th day of the month of such final distribution. Any such 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 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 the Swap Counterparty and to each Rating Agency at the time such notice Notice of Final Distribution is given to Certificateholders. In connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Master Servicer for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Custodian of a Request for Release therefor, the Trust Administrator Custodian shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each ClassClass (after reimbursement of all amounts due to the Servicer, the Master Servicer, the Securities Administrator, the Depositor, the Trustee and the Swap Counterparty hereunder and payment of any amounts due to the Supplemental Interest Trust as provided under Section 4.02), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and 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, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Wf1)

Final Distribution on the Certificates. If on any Determination Date, (i) 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 send a final distribution notice promptly to send each Certificateholder or (ii) the Securities Administrator determines that a Notice Class of Final Certificates shall be retired after a final distribution on such Class, the Securities Administrator shall notify the Certificateholders within seven (7) 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 each Certificateholderthe immediately preceding sentence will be made only upon presentation and surrender of the Certificates at the office of the Securities Administrator specified in such notice. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 10 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer Securities Administrator shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 Securities Administrator by letter to the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of 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 Securities Administrator will give such notice to each the Rating Agency at the time such notice is given to Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer Securities Administrator shall cause all funds in the Collection Account, including Account and the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Master Servicer Collection Account to be remitted to the Trust Administrator for deposit deposited in the Distribution Certificate Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund, certification to the Trustee that such required amount has been deposited in the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each Class, Class the amounts allocable to such Certificates held in the Certificate Account in the order and priority set forth in Section 4.02 hereof, 5.05 hereof on the final Distribution Date for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). 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 that remain a part of the Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, Trust Fund that remain subject hereto. Upon payment to the Class R Certificateholders of such funds and assets, neither the Securities Administrator nor the Trustee shall have any further duties or obligations with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Terwin Mortgage Trust, Series TMTS 2004-22sl)

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 Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 5 days prior to the 10th day date Notice of Final Distribution is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which date the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificates. Notice of any termination of a portion of the Trust Fund, 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 by letter to the related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 10th 5th day of the month of such final distribution. Any such 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 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 Certificateholders. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related CertificatesDate, 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 accrued interest thereon (or on their Notional Amount, in the case of the Interest-Only Certificates) and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account and Group 1 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 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 Upper-Tier REMIC that remain subject hereto and (i) the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary Lower-Tier REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master 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 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 promptly to send a Notice of Final Distribution final distribution notice to each Certificateholder. If the Servicer, or the Servicer is no longer acting as Servicer, the Master Servicer elects to terminate a portion of the Trust Fund exercise its termination rights pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 5 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Servicer or the Master Servicer Servicer, as applicable, shall notify the Depositor and the Trust Administrator of the Distribution Date on which date the Servicer or Master Servicer Servicer, as applicable, intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificatesexercise its termination rights. Notice of any termination of a portion of the Trust Fund, or of the exercise of the Servicer's or 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, shall be given promptly by the Trust Administrator by letter to the related Certificateholders mailed not earlier than the 15th day of the month preceding the month of such final distribution and not later than the 10th 5th day of the month of such final distribution. Any such Notice of Final Distribution 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. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. 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 Date for case of the related CertificatesCertificateholders 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate, and (ii) as to the Residual Certificates, the amount, if any, that 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 Upper-Tier Master REMIC that which remain subject hereto hereto, and (i) 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 the Subsidiary each related REMIC created under this Agreement, which remain subject hereto, and (ii) the Certificateholders who have not surrendered Certificates shall look only to such Class A-R LR and Class A-UR Certificateholders shall be entitled with respect to all any such unclaimed funds and other assets of the Master REMIC, in each case, that remain subject heretoassets.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Starm Mortgage Loan Trust 2007-2)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (aa)(i) of Section 10.019.1, by purchasing certain at least 20 days prior to the date notice is to be mailed to the affected Certificateholders, the Majority Class X Certificateholders shall notify the Depositor, the Securities Administrator and the Trustee of the date the Majority Class X Certificateholders intend to terminate the Trust Fund and of the applicable repurchase price of the Mortgage Loans and REO Properties by no later than the 10th day of the month of the expected final distribution, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesProperties. Notice of any termination of a portion of the Trust Fund, 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 Securities Administrator by letter to Certificateholders and the related Certificateholders NIMS Insurer, if any, mailed not later earlier than the 10th day and no later than the 15th day of the month next preceding the month of such final distribution. Any such Notice of Final Distribution notice shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and surrender of 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 Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer Securities Administrator shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Securities Administrator for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Custodian of a Request for Release therefor, the Trust Administrator Custodian shall promptly release to the Master Majority Class X Certificateholders, the NIMS Insurer, if any, or the Servicer, or its designeeas applicable, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each Class, in the order set forth in Section 4.02 4.2 hereof, on the final Distribution Date for Date, in the related Certificatescase 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest bearing Certificate, and (ii) as to the Residual Certificates, the amount, if any, that 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 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 Upper-Tier REMIC that remain subject hereto and (i) 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 Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled REMICs held for distribution to all unclaimed funds and other assets of the Master REMICsuch Certificateholders, in each case, that which remain subject hereto.

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, (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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. 149 Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for File Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Asset Backed Certificates Trust 2005-Ab4)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01 hereof, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for File Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset Backed Certificates Series 2005-2)

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 Trustee promptly to send a Notice of Final Distribution to each Certificateholder. If the Master Servicer or the Class X Certificateholder elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day date the Notice of Final Distribution is to be mailed to the month of the expected final distribution, the Master Servicer affected Certificateholders such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which date the Master Servicer or the Class X Certificateholder intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 by letter to the related Certificateholders mailed not later than the 10th day of the month of such final distribution. Any such Notice of Final Distribution shall specify (a) the Distribution Date upon which final distribution on the related Certificates will be made upon presentation and 107 surrender of 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 connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates4.02, 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 CertificatesCertificates (except the Class X Certificate), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificate accrued interest thereon in the case of an interest-bearing Certificate and (ii) as to the Residual Certificates, the amount, if any, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

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 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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed 155 not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for File Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CWABS Asset-Backed Certificates Trust 2006-3)

Final Distribution on the Certificates. If on any Determination Date, Date the Master Servicer determines that there are no Outstanding Mortgage Loans in an Aggregate Loan Group and no other funds or assets in the Trust Fund with respect to such Aggregate Loan Group other than the funds in the Collection Certificate Account, the Master Servicer shall direct the Trust Administrator Trustee promptly to send a Notice of Final Distribution final distribution notice to each CertificateholderCertificateholder of Group I or Group II Certificates, as applicable. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than the 10th 15th day of the month preceding the month of the expected final distribution, Distribution Date the Master Servicer shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which date the Master Servicer intends to terminate such the related portion of the Trust Fund; provided, however, if the Trust Administrator Fund related to an Aggregate Loan Group and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month applicable repurchase price of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, Fund related to an Aggregate Loan Group 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 the related Certificateholders mailed not earlier than the 15th day and not later than the 10th last day of the month next preceding the month of such final distribution. Any such Notice of Final Distribution 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 such Certificateholders. In connection with any such termination of a portion of the Trust FundIf this notice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Certificate Account with respect to such Aggregate Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Group to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to before the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Group I or Group II Certificates, as applicable. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage LoansLoans in such Aggregate Loan Group. 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 Date for the related Certificates4.02, 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 its Certificate Principal Balance thereof plus for each such Class accrued interest thereon (or on their Notional Amount, if applicable) in the case of an interest-bearing Certificate and (ii) as to the Residual Certificates, only if such termination is with respect to the amountlast remaining Aggregate Loan Group, if any, that 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 104 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 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 Upper-Tier REMIC that remain subject hereto Trust Fund. If within one year after the second notice, and (i) only if such termination is with respect to the Class A-LR Certificateholders last remaining Aggregate Loan Group, all Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) not have been surrendered for cancellation, then the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

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

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 Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than the 10th day of the month of the expected final distribution, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificates. Notice of any termination of a portion of the Trust Fund, 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 by letter to the related Certificateholders mailed not later than the 10th day of the month of such final distribution. Any such 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 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 Certificateholders. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates, 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). 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 Upper-Tier REMIC II that remain subject hereto and (i) the Class A-LR AR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC I and (ii) the Class A-R AR Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMICREMIC II, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2007-Hf1)

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 Notice of Final Distribution to each Certificateholder. If the Master Servicer or the Class X Certificateholder elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day date the Notice of Final Distribution is to be mailed to the month of the expected final distribution, the Master Servicer affected Certificateholders such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which date the Master Servicer or the Class X Certificateholder intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 the related Certificateholders mailed not earlier than the 10th day and not later than the 10th 15th day of the month next preceding the month of such final distribution. Any such 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 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 connection with any the event such termination Notice of a portion of the Trust FundFinal Distribution is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each Class, in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates4.02, 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 CertificatesCertificates (except the Class X Certificate), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificate accrued interest thereon in the case of an interest-bearing Certificate and (ii) as to the Residual Certificates, the amount, if any, that which remains on deposit in the 125 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc CDC Mor Cap Tr 2003-He3)

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 Notice of Final Distribution 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 terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fundtermination, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 the affected Certificateholders. In connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Co-Trustee shall promptly release to the Master Servicer, or its designee, Servicer the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator Trustee shall cause to be distributed to the Certificateholders of each 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 for the related Certificates, 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 related Class of Regular Certificates, the Certificate Principal Balance thereof plus accrued interest thereon and of any Class of Certificates to zero, such Class will be outstanding hereunder (iisolely for the purpose of receiving distributions (if any) as to which it may be entitled pursuant to the Residual Certificatesterms of this Agreement and not for any other purpose) until the termination of the respective obligations and responsibilities of the Depositor, each Seller, the amount, if any, that remains on deposit Master Servicer and the Trustee hereunder in the Distribution Account (other than the amounts retained to meet claims)accordance 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R Certificates shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc Asset-Backed Certificates Series 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 any Collection Account, the Master Servicer shall direct the Trust Securities Administrator promptly to send a Notice of Final Distribution to each CertificateholderCertificateholder and to the Swap Counterparty. If the Master Servicer (upon instruction from the Depositor or voluntarily) elects to terminate a portion of exercise their option to purchase the Trust Fund Mortgage Loans pursuant to clause (a) of Section 10.0111.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day date the Notice of Final Distribution is to be mailed to the month of the expected final distributionaffected Certificateholders, the Master Servicer shall notify the Depositor Depositor, the Derivative Counterparty and the Trust Securities Administrator of (a) the Distribution Date date on which the Master Servicer intends to terminate exercise such portion of purchase option and (b) the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related CertificatesTermination Price. A Notice of any termination of a portion of the Trust FundFinal Distribution, 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 Securities Administrator by letter to the related Certificateholders mailed not earlier than the 10th day and not later than the 10th 15th day of the month of such final distribution. Any such 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 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 the Swap Counterparty and to each Rating Agency at the time such notice Notice of Final Distribution is given to Certificateholders. In connection with any such termination of a portion of Upon the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Custodian of a Request for Release therefor, the Trust Administrator Custodian shall promptly release to the Master Servicer, or its designee, Servicers the Mortgage Custodial Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Securities Administrator shall cause to be distributed to the Certificateholders of each ClassClass (after reimbursement of all amounts due to the Servicers under the Servicing Agreements and the Master Servicer, the Securities Administrator, the Depositor, the Trustee and the Swap Counterparty hereunder), in each case on the final Distribution Date and in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates4.02, 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 related Class of Regular Certificates (except the Class X Certificates), the Certificate Principal Balance thereof plus for each such Class and the Class X Certificates accrued interest thereon in the case of an interest-bearing Certificate and 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, that 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that Trust Fund which remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2)

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 Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than the 10th day of the month of the expected final distribution, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificates. Notice of any termination of a portion of the Trust Fund, 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 by letter to the related Certificateholders mailed not later than the 10th day of the month of such final distribution. Any such 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 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 Certificateholders. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates, 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 accrued interest thereon (or on their Notional Amount, in the case of the Interest-Only Certificates) and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims)) and (iii) as to the Class 1-A-X Certificates, the amount, if any, that remains on deposit in the Group 1 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 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 Upper-Tier REMIC that remain subject hereto and (i) the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary Lower-Tier REMIC A and Lower-Tier REMIC B and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master 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 2005-3)

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 Notice of Final Distribution 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 elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.019.01, by purchasing certain Mortgage Loans and REO Properties by no later than at least 20 days prior to the 10th day of date notice is to be mailed to the month of the expected final distributionCertificateholders, the Master Servicer such electing party shall notify the Depositor and the Trust Administrator Trustee of the Distribution Date on which the Master Servicer date such electing party intends to terminate such portion the Trust Fund and of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day applicable repurchase price of the month of the expected final distribution for the related CertificatesMortgage Loans and REO Properties. Notice of any termination of a portion of the Trust Fund, 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 the related Certificateholders mailed not later earlier than the 10th day and no later than the 15th day of the month immediately preceding the month of such final distribution. Any such Notice of Final Distribution 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 connection with any the event such termination of a portion of the Trust Fundnotice is given, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, Certificate Account to be remitted to the Trust Administrator Trustee for deposit in the Distribution Account no later than on the Business Day prior to the applicable Distribution DateDate in an amount equal to the final distribution in respect of the related Certificates. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator Trustee of a Request for Release therefor, the Trust Administrator Trustee shall promptly release to the Master Servicer, or its designee, 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 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 for the related Certificates, and 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 accrued interest thereon and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims). In the event that any affected Certificateholders shall not surrender related 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 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 Upper-Tier REMIC that remain subject hereto and (i) Trust Fund. If within one year after the second notice all related Certificates shall not have been surrendered for cancellation, the Class A-LR Certificateholders R shall be entitled to all unclaimed funds and other assets of the Subsidiary REMIC and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master REMIC, in each case, that remain subject hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cwabs Inc)

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 Notice of Final Distribution to each Certificateholder. If the Master Servicer elects to terminate a portion of the Trust Fund pursuant to clause (a) of Section 10.01, by purchasing certain Mortgage Loans and REO Properties by no later than the 10th day of the month of the expected final distribution, the Master Servicer shall notify the Depositor and the Trust Administrator of the Distribution Date on which the Master Servicer intends to terminate such portion of the Trust Fund; provided, however, if the Trust Administrator and the Master Servicer are not the same Person, then such notice shall occur by no later than the 7th day of the month of the expected final distribution for the related Certificates. Notice of any termination of a portion of the Trust Fund, 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 by letter to the related Certificateholders mailed not later than the 10th day of the month of such final distribution. Any such 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 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 Certificateholders. In connection with any such termination of a portion of the Trust Fund, the Master Servicer shall cause all funds in the Collection Account, including the Clean-up Call Mortgage Loan Price and Clean-up Call REO Property Price for the related Mortgage Loans and REO Properties, respectively, to be remitted to the Trust Administrator for deposit in the Distribution Account no later than the Business Day prior to the applicable Distribution Date. Upon such final deposit by the Master Servicer with respect to the Trust Fund and the receipt by the Trust Administrator of a Request for Release therefor, the Trust Administrator shall promptly release to the Master Servicer, or its designee, the Mortgage Files for the related Mortgage Loans. Upon presentation and surrender of the Certificates, the Trust Administrator shall cause to be distributed to the Certificateholders of each Class, in the order set forth in Section 4.02 hereof, on the final Distribution Date for the related Certificates, 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 accrued interest thereon (or on their Notional Amount, in the case of the Interest-Only Certificates) and (ii) as to the Residual Certificates, the amount, if any, that remains on deposit in the Distribution Account (other than the amounts retained to meet claims) and (iii) as to the Class 1-A-X or Class 2-A-X Certificates, the amount, if any, that remains on deposit in the Group 1 Basis Risk Account or the Group 2 Basis Risk Account, as applicable (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 Upper-Tier REMIC that remain subject hereto and (i) the Class A-LR Certificateholders shall be entitled to all unclaimed funds and other assets of the Subsidiary Lower-Tier REMIC A and Lower-Tier REMIC B and (ii) the Class A-R Certificateholders shall be entitled to all unclaimed funds and other assets of the Master 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 2005-6)

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