Maintenance of the Certificate Insurance Policy; Collections Thereunder. (a) Prior to noon New York City time on the third Business Day prior to each Distribution Date, the Servicer shall, with respect to the Insured Certificates, determine if a Deficiency Amount for such Distribution Date exists and, if so, shall immediately notify the Trustee and the Certificate Insurer in writing of such amount; the Trustee, upon receipt of such notice, shall complete the Notice of Claim and submit such Notice of Claim in accordance with the Certificate Insurance Policy to the Certificate Insurer no later than noon, New York City time, on the second Business Day immediately preceding such Distribution Date, as a claim for an Insured Amount in an amount equal to such Deficiency Amount. If at any time the Trustee receives a certified copy of an order of an appropriate court that any payment of principal and interest on the Insured Certificates constitutes a Preference Amount, the Trustee, at the expense of the Servicer, shall take the actions required on its part by the terms of the Certificate Insurance Policy to obtain payment of such Preference Amount by the Certificate Insurer. (b) Upon receipt of an Insured Amount from the Certificate Insurer on behalf of the Holders of the Insured Certificates, the Trustee shall deposit such Insured Amount in the Certificate Account. All such amounts on deposit in the Certificate Account shall remain uninvested. The Trustee shall include on each Distribution Date any amounts received by it from or on behalf of the Certificate Insurer with respect to a Deficiency Amount for such Distribution Date (i) in the amount distributed to the Holders of the Insured Certificates pursuant to Section 4.05 and (ii) in the amount deemed to have been distributed to the Class CB-15-L Regular Interest and deposited for its benefit into the Certificate Account pursuant to Section 4.04. If on any Distribution Date the Servicer notifies the Trustee in writing that it has determined that the Certificate Insurer has paid more under the Certificate Insurance Policy than is required by the terms thereof, the Trustee shall promptly return the excess amount to the Certificate Insurer from available funds in the Certificate Account. (c) The Trustee shall (i) receive as attorney-in-fact of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees that the Trustee shall so receive) any Insured Amount delivered to it by the Certificate Insurer for payment to such Class and (ii) distribute such Insured Amount to such Holders as set forth in subsection 3.21(b) above. The Trustee is hereby directed to and does hereby agree on behalf of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees) for the benefit of the Certificate Insurer that, to the extent the Certificate Insurer makes payment of Insured Amounts, either directly or indirectly (as by paying through the Trustee), to the Holder of an Insured Certificate, the Certificate Insurer will be subrogated to any rights of the Holder of such Insured Certificate to receive (pursuant to the definition of “REMIC III Distribution Amount”) the amounts for which such Insured Amounts were paid, to the extent of such payments, and the Trustee shall pay such amounts to the Certificate Insurer to the extent included in the REMIC III Distribution Amount (as notified to the Trustee by the Servicer in the written statement required pursuant to Section 4.02(b)). (d) The Trustee shall keep a complete and accurate record of (i) all funds remitted to it by the Certificate Insurer and deposited into the Certificate Account and (ii) the allocation of such funds to (A) payments of interest on and principal in respect of the Class CB-15 Certificates, and (B) Realized Losses allocated to the Class CB-15 Certificates. The Certificate Insurer shall have the right to inspect such records at reasonable times upon three Business Days’ prior notice to the Trustee. (e) The Trustee shall surrender the Certificate Insurance Policy to the Certificate Insurer for cancellation upon the expiration of the term of the Certificate Insurance Policy. (f) The Trustee shall send the Certificate Insurer any reports, statements, or communications sent to the Holders of the Class CB-15 Certificates, in each case at the same time such reports, statements and communications are otherwise sent. (g) On each Distribution Date and prior to making any other distributions on such Distribution Date pursuant to Section 4.04, the Trustee shall withdraw from the Certificate Account and pay to the Certificate Insurer the Certificate Insurer Premium as set forth in the statement delivered to the Trustee pursuant to Section 4.02(b).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT 2005-4)
Maintenance of the Certificate Insurance Policy; Collections Thereunder. (a) Prior to noon New York City time on the third Business Day prior to each Distribution Date, the Master Servicer shall, with respect to the Insured Certificates, determine if a Deficiency Amount for such Distribution Date exists and, if so, shall immediately notify the Trustee and the Certificate Insurer in writing of such amount; the Trustee, upon receipt of such notice, shall complete the Notice of Claim and submit such Notice of Claim in accordance with the Certificate Insurance Policy to the Certificate Insurer no later than noon, New York City time, on the second Business Day immediately preceding such Distribution Date, as a claim for an Insured Amount Payment in an amount equal to such Deficiency Amount. If at any time the Trustee receives a certified copy of an order of an appropriate court that any payment of principal and interest on the Insured Certificates constitutes a Preference Amount, the Trustee, at the expense of the ServicerTrust, shall take the actions required on its part by the terms of the Certificate Insurance Policy to obtain payment of such Preference Amount by the Certificate Insurer.
(b) Upon receipt of an Insured Amount Payment from the Certificate Insurer on behalf of the Holders of the Insured Certificates, the Trustee shall deposit such Insured Amount Payment in the Certificate Account. All such amounts on deposit in the Certificate Account shall remain uninvested. The Trustee shall include on each Distribution Date any amounts received by it from or on behalf of the Certificate Insurer with respect to a Deficiency Amount for such Distribution Date (i) in the amount distributed to the Holders of the Insured Certificates pursuant to Section 4.05 and (ii) in the amount deemed to have been distributed to the Class CB-15I-A-6-L Regular Interest and deposited for its benefit into the Certificate Account pursuant to Section 4.04). If on any Distribution Date the Trustee or the Master Servicer notifies determines (the Master Servicer having notified the Trustee in writing that it has determined of such determination) that the Certificate Insurer has paid more under the Certificate Insurance Policy than is required by the terms thereof, the Trustee shall promptly return the excess amount to the Certificate Insurer from available funds in the Certificate AccountInsurer.
(c) The Trustee shall (i) receive as attorney-in-fact of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees that the Trustee shall so receive) any Insured Amount Payment delivered to it by the Certificate Insurer for payment to such Class and (ii) distribute such Insured Amount Payment to such Holders as set forth in subsection 3.21(b) above. Insured Payments disbursed by the Trustee from proceeds of the Certificate Insurance Policy shall not be considered payment by the Trust with respect to the Insured Certificates, nor shall such disbursement of Insured Payments discharge the obligations of the Trust with respect to the amounts thereof, and the Certificate Insurer shall become owner of such amounts to the extent covered by such Insured Payments as the deemed assignee of such Holders. The Trustee is hereby directed to and does hereby agree agrees on behalf of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees) for the benefit of the Certificate Insurer that, to the extent the Certificate Insurer makes payment of Insured AmountsPayments, either directly or indirectly (as by paying through the Trustee), to the Holder of an Insured Certificate, the Certificate Insurer will be subrogated to any rights of the Holder of such Insured Certificate to receive (pursuant to the definition of “REMIC III II Distribution Amount”) the amounts for which such Insured Amounts Payments were paidmade, to the extent of such payments, and the Trustee shall pay such amounts to the Certificate Insurer to the extent included in the REMIC III II Distribution Amount (as notified to the Trustee by the Master Servicer in the written statement required pursuant to Section 4.02(b)).
(d) The Trustee shall keep a complete and accurate record of (i) all funds remitted to it by the Certificate Insurer and deposited into the Certificate Account and (ii) the allocation of such funds to (A) payments of interest on and principal in respect of the Class CB-15 Certificates, and (B) Realized Losses allocated to the Class CB-15 Certificates. The Certificate Insurer shall have the right to inspect such records at reasonable times upon three Business Days’ prior notice to the Trustee.
(e) The Trustee shall surrender the Certificate Insurance Policy to the Certificate Insurer for cancellation upon the expiration of the term of the Certificate Insurance Policy.
(f) The Trustee shall send the Certificate Insurer any reports, statements, or communications sent to the Holders of the Class CB-15 Certificates, in each case at the same time such reports, statements and communications are otherwise sent.
(g) On each Distribution Date and prior to making any other distributions on such Distribution Date pursuant to Section 4.04, the Trustee shall withdraw from the Certificate Account and pay to the Certificate Insurer the Certificate Insurer Premium as set forth in the statement delivered to the Trustee pursuant to Section 4.02(b).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass THR Cert Ser 2003 Ms8)
Maintenance of the Certificate Insurance Policy; Collections Thereunder. (a) Prior to noon 5:00 P.M. New York City time on the third Business Day prior to each Distribution Date, the Master Servicer shall, with respect to the Insured Certificates, shall determine if a Deficiency Amount for such Distribution Date Date, exists and, if so, shall immediately notify the Trustee and the Certificate Insurer in writing of such amount; the Trustee, upon receipt of such notice, who shall complete the Notice of Claim and submit such Notice of Claim in accordance with the Certificate Insurance Policy to the Certificate Insurer no later than noon12:00 Noon, New York City time, on the second Business Day immediately preceding such each Distribution Date, as a claim for an Insured Amount in an amount equal to such Deficiency Amount. If at any time the Trustee receives a certified copy of an order of an appropriate court determines that any payment of principal and interest on the Insured Certificates constitutes a Preference AmountAmount is payable under the terms of the Certificate Insurance Policy, the Trustee, at the expense of the Servicer, Trustee shall take the actions required on its part by the terms of the Certificate Insurance Policy to obtain payment of such Preference Amount by the Certificate Insurer.
(b) Upon receipt of an Insured Amount from the Certificate Insurer on behalf of the Holders of the Insured CertificatesClass A Certificateholders, the Trustee shall deposit such Insured Amount in the Certificate Account. All such amounts on deposit in the Certificate Account shall remain uninvested. The Trustee shall include on each Distribution Date any amounts received by it from or on behalf of the Certificate Insurer with respect to a Deficiency Amount for such Distribution Date (i) in the amount distributed to the Holders of the Insured Class A Certificates pursuant to Section 4.05 and (ii) in the amount deemed to have been distributed to the Class CB-15-L Regular Interest and deposited for its benefit into the Certificate Account pursuant to Section 4.044.01. If on any Distribution Date the Servicer notifies Date, the Trustee in writing that it has determined or the Master Servicer determines that the Certificate Insurer has paid more under the Certificate Insurance Policy than is required by the terms thereof, the Trustee shall promptly return the excess amount to the Certificate Insurer from available funds in the Certificate AccountInsurer.
(c) The Trustee shall (i) receive as attorney-in-fact of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees that the Trustee shall so receive) Class A Certificateholder any Insured Amount delivered to it by from the Certificate Insurer for payment to such Class and (ii) distribute such Insured Amount to such Holders the Class A Certificateholders as set forth in subsection 3.21(b(b) above. Insured Amounts disbursed by the Trustee from proceeds of the Certificate Insurance Policy shall not be considered payment by the Trust Fund with respect to the Class A Certificates, nor shall such disbursement of such Insured Amounts discharge the obligations of the Trust Fund with respect to the amounts thereof, and the Certificate Insurer shall become owner of such amounts to the extent covered by such Insured Amounts as the deemed assignee of the Class A Certificateholders. The Trustee is hereby directed to and does hereby agree agrees on behalf of the Holders of the Insured Certificates each Class A Certificateholder (and each such HolderClass A Certificateholder, by its acceptance of its Insured Class A Certificates, hereby agrees) for the benefit of the Certificate Insurer that, that the Trustee shall recognize that to the extent the Certificate Insurer makes payment of pays Insured Amounts, either directly or indirectly (as by paying through the Trustee), to the Holder of an Insured CertificateClass A Certificateholders, the Certificate Insurer will be entitled to be subrogated to any the rights of the Holder of such Insured Certificate to receive (pursuant to the definition of “REMIC III Distribution Amount”) the amounts for which such Insured Amounts were paid, Class A Certificateholders to the extent of such payments, payments and the Trustee shall pay such amounts will be entitled to receive the Certificate Insurer to the extent included in the REMIC III Distribution Reimbursement Amount (as notified to the Trustee by the Servicer in the written statement required pursuant to Section 4.02(b)).
(d) The Trustee shall keep a complete and accurate record of (i) all funds remitted to it by the Certificate Insurer and deposited into the Certificate Account and (ii) the allocation of such funds to (A) payments of interest on and principal in respect of the Class CB-15 Certificates, and (B) Realized Losses allocated to the Class CB-15 Certificates. The Certificate Insurer shall have the right to inspect such records at reasonable times upon three Business Days’ prior notice to the Trustee.
(e) The Trustee shall surrender the Certificate Insurance Policy to the Certificate Insurer for cancellation upon the expiration of the term of the Certificate Insurance Policy.
(f) The Trustee shall send the Certificate Insurer any reports, statements, or communications sent to the Holders of the Class CB-15 Certificates, in each case at the same time such reports, statements and communications are otherwise sent.
(g) On each Distribution Date and prior to making any other distributions on such Distribution Date pursuant to Section 4.04, the Trustee shall withdraw from the Certificate Account and pay to the Certificate Insurer the Certificate Insurer Premium as set forth in Section 4.01 and the statement delivered to the Trustee pursuant to Section 4.02(b)definition of "REMIC I Distribution Amount."
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Sec Corp Mort Pass THR Cert Ser 1999-7)
Maintenance of the Certificate Insurance Policy; Collections Thereunder. (a) Prior to noon New York City time on the third Business Day prior to each Distribution Date, the Servicer shall, with respect to the Insured Certificates, determine if a Deficiency Amount for such Distribution Date exists and, if so, shall immediately notify the Trustee and the Certificate Insurer in writing of such amount; the Trustee, upon receipt of such notice, shall complete the Notice of Claim and submit such Notice of Claim in accordance with the Certificate Insurance Policy to the Certificate Insurer no later than noon, New York City time, on the second Business Day immediately preceding such Distribution Date, as a claim for an Insured Amount in an amount equal to such Deficiency Amount. If at any time the Trustee receives a certified copy of an order of an appropriate court that any payment of principal and interest on the Insured Certificates constitutes a Preference Amount, the Trustee, at the expense of the Servicer, shall take the actions required on its part by the terms of the Certificate Insurance Policy to obtain payment of such Preference Amount by the Certificate Insurer.
(b) Upon receipt of an Insured Amount from the Certificate Insurer on behalf of the Holders of the Insured Certificates, the Trustee shall deposit such Insured Amount in the Certificate Account. All such amounts on deposit in the Certificate Account shall remain uninvested. The Trustee shall include on each Distribution Date any amounts received by it from or on behalf of the Certificate Insurer with respect to a Deficiency Amount for such Distribution Date (i) in the amount distributed to the Holders of the Insured Certificates pursuant to Section 4.05 4.04 and (ii) in the amount deemed to have been distributed to the Class CB-151-A-6-L Regular Interest and deposited for its benefit into the Certificate Account pursuant to Section 4.044.01. If on any Distribution Date the Servicer notifies the Trustee in writing that it has determined that the Certificate Insurer has paid more under the Certificate Insurance Policy than is required by the terms thereof, the Trustee shall promptly return the excess amount to the Certificate Insurer from available funds in the Certificate Account.
(c) The Trustee shall (i) receive as attorney-in-fact of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees that the Trustee shall so receive) any Insured Amount delivered to it by the Certificate Insurer for payment to such Class and (ii) distribute such Insured Amount to such Holders as set forth in subsection 3.21(b) above. The Trustee is hereby directed to and does hereby agree on behalf of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees) for the benefit of the Certificate Insurer that, to the extent the Certificate Insurer makes payment of Insured Amounts, either directly or indirectly (as by paying through the Trustee), to the Holder of an Insured Certificate, the Certificate Insurer will be subrogated to any rights of the Holder of such Insured Certificate to receive (pursuant to the definition of “REMIC III II Distribution Amount”) the amounts for which such Insured Amounts were paid, to the extent of such payments, and the Trustee shall pay such amounts to the Certificate Insurer to the extent included in the REMIC III II Distribution Amount (as notified to the Trustee by the Servicer in the written statement required pursuant to Section 4.02(b)).
(d) The Trustee shall keep a complete and accurate record of (i) all funds remitted to it by the Certificate Insurer and deposited into the Certificate Account and (ii) the allocation of such funds to (A) payments of interest on and principal in respect of the Class CB-15 1-A-6 Certificates, and (B) Realized Losses allocated to the Class CB-15 1-A-6 Certificates. The Certificate Insurer shall have the right to inspect such records at reasonable times upon three Business Days’ prior notice to the Trustee.
(e) The Trustee shall surrender the Certificate Insurance Policy to the Certificate Insurer for cancellation upon the expiration of the term of the Certificate Insurance Policy.
(f) The Trustee shall send the Certificate Insurer any reports, statements, or communications sent to the Holders of the Class CB-15 1-A-6 Certificates, in each case at the same time such reports, statements and communications are otherwise sent.
(g) On each Distribution Date and prior to making any other distributions on such Distribution Date pursuant to Section 4.04, the Trustee shall withdraw from the Certificate Account and pay to the Certificate Insurer the Certificate Insurer Premium as set forth in the statement delivered to the Trustee pursuant to Section 4.02(b).
Appears in 1 contract
Maintenance of the Certificate Insurance Policy; Collections Thereunder. (a) Prior to noon New York City time on the third Business Day prior to each Distribution Date, the Master Servicer shall, with respect to the Insured Certificates, determine if a Deficiency Amount for such Distribution Date exists and, if so, shall immediately notify the Trustee and the Certificate Insurer in writing of such amount; the Trustee, upon receipt of such notice, shall complete the Notice of Claim and submit such Notice of Claim in accordance with the Certificate Insurance Policy to the Certificate Insurer no later than noon, New York City time, on the second Business Day immediately preceding such Distribution Date, as a claim for an Insured Amount Payment in an amount equal to such Deficiency Amount. If at any time the Trustee receives a certified copy of an order of an appropriate court that any payment of principal and interest on the Insured Certificates constitutes a Preference Amount, the Trustee, at the expense of the ServicerTrust, shall take the actions required on its part by the terms of the Certificate Insurance Policy to obtain payment of such Preference Amount by the Certificate Insurer.
(b) Upon receipt of an Insured Amount Payment from the Certificate Insurer on behalf of the Holders of the Insured Certificates, the Trustee shall deposit such Insured Amount Payment in the Certificate Account. All such amounts on deposit in the Certificate Account shall remain uninvested. The Trustee shall include on each Distribution Date any amounts received by it from or on behalf of the Certificate Insurer with respect to a Deficiency Amount for such Distribution Date (i) in the amount distributed to the Holders of the Insured Certificates pursuant to Section 4.05 and (ii) in the amount deemed to have been distributed to the Class CB-15-L Regular Interest and deposited for its benefit into the Certificate Account pursuant to Section 4.04. If on any Distribution Date the Trustee or the Master 138 Servicer notifies determines (the Master Servicer having notified the Trustee in writing that it has determined of such determination) that the Certificate Insurer has paid more under the Certificate Insurance Policy than is required by the terms thereof, the Trustee shall promptly return the excess amount to the Certificate Insurer from available funds in the Certificate AccountInsurer.
(c) The Trustee shall (i) receive as attorney-in-fact of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees that the Trustee shall so receive) any Insured Amount Payment delivered to it by the Certificate Insurer for payment to such Class and (ii) distribute such Insured Amount Payment to such Holders as set forth in subsection 3.21(b(b) above. Insured Payments disbursed by the Trustee from proceeds of the Certificate Insurance Policy shall not be considered payment by the Trust Fund with respect to the Insured Certificates, nor shall such disbursement of Insured Payments discharge the obligations of the Trust Fund with respect to the amounts thereof, and the Certificate Insurer shall become owner of such amounts to the extent covered by such Insured Payments as the deemed assignee of such Holders. The Trustee is hereby directed to and does hereby agree agrees on behalf of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees) for the benefit of the Certificate Insurer that, to the extent the Certificate Insurer makes payment of Insured AmountsPayments, either directly or indirectly (as by paying through the Trustee), to the Holder of an Insured Certificate, the Certificate Insurer will be subrogated to any the rights of the Holder of such Insured Certificate to receive (pursuant to the definition of “REMIC III Distribution Amount”) the amounts for which such Insured Amounts were paid, to the extent of such payments, payments and the Trustee shall pay such amounts to the Certificate Insurer to the extent included in the REMIC III II Distribution Amount (as notified to the Trustee by the Master Servicer in the written statement required pursuant to Section 4.02(b)).
(d) The Trustee shall keep a complete and accurate record of (i) all funds remitted to it by the Certificate Insurer and deposited into the Certificate Account and (ii) the allocation of such funds to (A) payments of interest on and principal in respect of the Class CB-15 Certificates, and (B) Realized Losses allocated to the Class CB-15 Certificates. The Certificate Insurer shall have the right to inspect such records at reasonable times upon three Business Days’ prior notice to the Trustee.
(e) The Trustee shall surrender the Certificate Insurance Policy to the Certificate Insurer for cancellation upon the expiration of the term of the Certificate Insurance Policy.
(f) The Trustee shall send the Certificate Insurer any reports, statements, or communications sent to the Holders of the Class CB-15 Certificates, in each case at the same time such reports, statements and communications are otherwise sent.
(g) On each Distribution Date and prior to making any other distributions on such Distribution Date pursuant to Section 4.04, the Trustee shall withdraw from the Certificate Account and pay to the Certificate Insurer the Certificate Insurer Premium as set forth in the statement delivered to the Trustee pursuant to Section 4.02(b).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass THR Cert Ser 1999-9)
Maintenance of the Certificate Insurance Policy; Collections Thereunder. (a) Prior to noon New York City time on the third Business Day prior to each Distribution Date, the Master Servicer shall, with respect to the Insured Certificates, determine if a Deficiency Amount for such Distribution Date exists and, if so, shall immediately notify the Trustee and the Certificate Insurer in writing of such amount; the Trustee, upon receipt of such notice, shall complete the Notice of Claim and submit such Notice of Claim in accordance with the Certificate Insurance Policy to the Certificate Insurer no later than noon, New York City time, on the second Business Day immediately preceding such Distribution Date, as a claim for an Insured Amount Payment in an amount equal to such Deficiency Amount. If at any time the Trustee receives a certified copy of an order of an appropriate court that any payment of principal and interest on the Insured Certificates constitutes a Preference Amount, the Trustee, at the expense of the ServicerTrust, shall take the actions required on its part by the terms of the Certificate Insurance Policy to obtain payment of such Preference Amount by the Certificate Insurer.
(b) Upon receipt of an Insured Amount Payment from the Certificate Insurer on behalf of the Holders of the Insured Certificates, the Trustee shall deposit such Insured Amount Payment in the Certificate Account. All such amounts on deposit in the Certificate Account shall remain uninvested. The Trustee shall include on each Distribution Date any amounts received by it from or on behalf of the Certificate Insurer with respect to a Deficiency Amount for such Distribution Date (i) in the amount distributed to the Holders of the Insured Certificates pursuant to Section 4.05 4.04 and (ii) in the amount deemed to have been distributed to the Class CB-15A-10-L Regular Interest and deposited for its benefit into the Certificate Account pursuant to Section 4.044.01). If on any Distribution Date the Trustee or the Master Servicer notifies determines (the Master Servicer having notified the Trustee in writing that it has determined of such determination) that the Certificate Insurer has paid more under the Certificate Insurance Policy than is required by the terms thereof, the Trustee shall promptly return the excess amount to the Certificate Insurer from available funds in the Certificate AccountInsurer.
(c) The Trustee shall (i) receive as attorney-in-fact of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees that the Trustee shall so receive) any Insured Amount Payment delivered to it by the Certificate Insurer for payment to such Class and (ii) distribute such Insured Amount Payment to such Holders as set forth in subsection 3.21(b) above. Insured Payments disbursed by the Trustee from proceeds of the Certificate Insurance Policy shall not be considered payment by the Trust with respect to the Insured Certificates, nor shall such disbursement of Insured Payments discharge the obligations of the Trust with respect to the amounts thereof, and the Certificate Insurer shall become owner of such amounts to the extent covered by such Insured Payments as the deemed assignee of such Holders. The Trustee is hereby directed to and does hereby agree agrees on behalf of the Holders of the Insured Certificates (and each such Holder, by its acceptance of its Insured Certificates, hereby agrees) for the benefit of the Certificate Insurer that, to the extent the Certificate Insurer makes payment of Insured AmountsPayments, either directly or indirectly (as by paying through the Trustee), to the Holder of an Insured Certificate, the Certificate Insurer will be subrogated to any rights of the Holder of such Insured Certificate to receive (pursuant to the definition of “"REMIC III II Distribution Amount”") the amounts for which such Insured Amounts Payments were paidmade, to the extent of such payments, and the Trustee shall pay such amounts to the Certificate Insurer to the extent included in the REMIC III II Distribution Amount (as notified to the Trustee by the Master Servicer in the written statement required pursuant to Section 4.02(b)).. 84
(d) The Trustee shall keep a complete and accurate record of (i) all funds remitted to it by the Certificate Insurer and deposited into the Certificate Account and (ii) the allocation of such funds to (A) payments of interest on and principal in respect of the Class CB-15 Certificates, and (B) Realized Losses allocated to the Class CB-15 Certificates. The Certificate Insurer shall have the right to inspect such records at reasonable times upon three Business Days’ prior notice to the Trustee.
(e) The Trustee shall surrender the Certificate Insurance Policy to the Certificate Insurer for cancellation upon the expiration of the term of the Certificate Insurance Policy.
(f) The Trustee shall send the Certificate Insurer any reports, statements, or communications sent to the Holders of the Class CB-15 Certificates, in each case at the same time such reports, statements and communications are otherwise sent.
(g) On each Distribution Date and prior to making any other distributions on such Distribution Date pursuant to Section 4.044.01, the Trustee shall withdraw from the Certificate Account and pay to the Certificate Insurer the Certificate Insurer Premium as set forth in the statement delivered to the Trustee pursuant to Section 4.02(b).
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mort Pass Thru Cert Series 2003-Ms7)