Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted to the related Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2006-2), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2007-3), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-2)
Monthly Advances by the Servicer. Not later than the close of business on On the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Account from its own funds or from amounts held for future distribution an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Payments (with interest adjusted to the related Mortgage Loan Remittance Rate, ) which are were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the related immediately preceding Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountDate or which were deferred pursuant to Section 4.01. Any portion of the Amount Held amounts held for Future Distribution future distribution and so used to pay Monthly Advances shall be replaced by the Servicer by deposit into in the Custodial Account on or before any future Remittance Date to the extent that the if funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are shall be less than payments to the amount of payments Owner required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (including REO Disposition Proceeds, Insurance Proceeds and Condemnation Proceeds) with respect to the Mortgage Loan; provided, however, that such obligation shall cease if the Servicer deems determines, in its sole reasonable opinion, that advances with respect to such advance to be nonrecoverable Mortgage Loan are non-recoverable by the Servicer from Liquidation Proceeds, REO Disposition Proceeds Insurance Proceeds, Condemnation Proceeds, or Insurance Proceeds otherwise with respect to the applicable a particular Mortgage Loan. In the event that the Servicer determines that any such latter eventadvances are non-recoverable, the Servicer shall deliver to provide the Owner an Officer's Certificate of the Servicer to the effect that with a certificate signed by an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanevidencing such determination.
Appears in 7 contracts
Samples: Servicing Agreement (Encore Credit Receivables Trust 2005-3), Servicing Agreement (Encore Credit Receivables Trust 2005-2), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset-Backed Pass-Through Certificates, Series 2004-4)
Monthly Advances by the Servicer. (1) Not later than the close of business on the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Collection Account an amount equal to all payments Monthly Payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Servicer (with interest adjusted to the related Remittance Rate) that were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on the related Determination Date. The Servicer may reduce the total amount to be deposited in the Collection Account as required by the foregoing sentence by the amount of funds in the Collection Account which represent Prepaid Monthly Payments; provided, however, that after any Securitization Transaction, the amount Servicer or its parent must meet the criteria of the Rating Agencies at the time that the Servicer proposes to use Prepaid Monthly Payments for the making of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on from such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of funds.
(i2) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation obligations to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance Remittance Date prior to be nonrecoverable from the Remittance Date for the remittance of all Liquidation Proceeds, REO Disposition Proceeds and other payments or recoveries (including Insurance Proceeds or Insurance Proceeds Condemnation Proceeds) with respect to the applicable Mortgage Loan. In ; provided that such latter eventobligation shall cease if the Servicer furnishes to the Purchaser an Officers' Certificate evidencing the determination by the Servicer in accordance with Section 6.04 that an advance with respect to such Mortgage Loan would constitute a Non-recoverable Advance.
(3) On the Business Day prior to the Remittance Date, the Servicer shall deliver deposit into the Collection Account payments on account of Prepayment Interest Shortfall Amount in an aggregate amount equal to the Owner an Officer's Certificate lesser of (i) the aggregate amount of Prepayment Interest Shortfall Amount for the related Remittance Date resulting solely from Principal Prepayments during the related Due Period, and (ii) the total amount of the Servicer servicing compensation that would be payable to the effect that an officer of Servicer if no Principal Prepayment was made during the Servicer has reviewed Due Period related to such Remittance Date. Such payments shall be deposited into the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanCollection Account.
Appears in 7 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-11), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01Subsection 11.01, of Monthly Paymentsprincipal (due after the Cut-off Date) and interest not allocable to the period prior to the Cut-off Date, adjusted to the related Mortgage Loan Remittance Rate, which are were due on a Mortgage Loan and delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceedswith respect to a delinquent Balloon Payment, Insurance Proceeds, and Principal Prepayments received or made the Servicer shall be obligated to make advances under this Subsection 11.19 in an amount equal to the month of assumed monthly payment that would have been due on the related Due Date based on the original principal amortization schedule for the such Remittance Date, Balloon Mortgage Loan and (ii) with respect to an Interest Only Mortgage Loan, the Servicer shall be obligated to make advances under this Subsection 11.19 in an amount equal to, for the interest only period of the term of such Mortgage Loan, scheduled payments which represent early receipt of interest thereon, and thereafter, scheduled payments of principal and interest due on a date or dates subsequent to the related Due Datethereon. The Servicer's ’s obligation to make such Monthly Advances advances as to any Mortgage Loan will continue through the final disposition earliest of: (i) the last Monthly Payment due prior to the payment in full of the Mortgage Loan, (ii) the Remittance Date prior to the Remittance Date for the distribution of any Liquidation Proceeds, Other Insurance Proceeds or Condemnation Proceeds which, in the case of Other Insurance Proceeds and Condemnation Proceeds, satisfy in full the indebtedness of such Mortgage Loan, and (iii) the Remittance Date prior to the date the Mortgage Loan is converted to REO Property; provided, however, that in connection with any Pass-Through transfer involving such Mortgage Loan, the Servicer shall make Monthly Advances through the Remittance Date prior to the date on which cash is received in connection with the liquidation of the Mortgaged REO Property, unless . In no event shall the Servicer be obligated to make an advance under this Section 5.03 if at the time of such advance it deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loana Nonrecoverable Advance. In such latter eventconnection with a Pass-Through Transfer, if the Servicer determines that an advance is or would be a Nonrecoverable Advance, the Servicer shall deliver to the Owner Purchaser an Officer's ’s Certificate of the Servicer to the effect that an officer of the Servicer a Servicing Officer has reviewed the related Servicing Mortgage File and has obtained a recent appraisal and has made the reasonable determination that any previous and any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect would be Nonrecoverable Advances. Furthermore, the Servicer shall not be required to the applicable Mortgage Loanadvance Relief Act Shortfalls.
Appears in 6 contracts
Samples: Mortgage Loan Purchase and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3), Mortgage Loan Purchase and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-2), Mortgage Loan Purchase and Servicing Agreement (CSAB Mortgage-Backed Trust 2007-1)
Monthly Advances by the Servicer. (a) Not later than the close of business on the Business Day preceding each Monthly Remittance Date, the Servicer shall deposit in the Custodial Account an amount (the "Monthly Advance") equal to all payments not previously advanced by the Servicer, whether or Servicer of principal (due after the related Cut-off Date) and interest at the Net Rate not deferred pursuant allocable to Section 4.01, of Monthly Payments, adjusted the period prior to the related Cut-off Date, which were due on a Mortgage Loan Remittance Rate, during the related Due Period and which are were delinquent at the close of business on the related Determination Date; provided, however, that the amount Date whether or not deferred. In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Account that funds in such deposit may be reduced account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan due after the related Due Period for the related Monthly Remittance Date, have been used by the Amount Held for Future Distribution (as defined below) then on deposit Servicer in the Custodial Accountdischarge of its obligation to make any such Monthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the Custodial manner set forth above, in the Account no later than the close of business on any future the Business Day immediately preceding the next Monthly Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to the Owner distributed on such Monthly Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be entitled to be reimbursed from the total Account for all Monthly Advances of its own funds made pursuant to this Section as provided in Section 2.5.
(b) The obligation of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation Servicer to make such Monthly Advances as is mandatory, and, with respect to any Mortgage Loan will or REO Property, shall continue through the final disposition or liquidation earlier of (i) the date on which a Final Recovery Determination in connection with such Mortgage Loan is made and (ii) the due date of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect last Monthly Payment due prior to the applicable Mortgage Loan. In payment in full of such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan.
(c) Notwithstanding anything herein to the contrary, no Monthly Advance shall be required to be made hereunder by the Servicer if such Monthly Advance would, if made, constitute a Nonrecoverable Advance.
Appears in 6 contracts
Samples: Servicing Agreement (Banc of America Funding 2006-5 Trust), Servicing Agreement (Banc of America Funding 2006-6 Trust), Servicing Agreement (Banc of America Funding Corp)
Monthly Advances by the Servicer. (1) Not later than the close of business on the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Collection Account an amount equal to all payments Monthly Payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Servicer (with interest adjusted to the related Remittance Rate) that were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on the related Determination Date; provided, however, that . The Servicer may reduce the total amount to be deposited in the Collection Account as required by the foregoing sentence by the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit funds in the Custodial Account. Any portion of the Amount Held for Future Distribution used Collection Account which are to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account remitted to Purchaser on any future a Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates Dates subsequent to the related Due Date. Period.
(2) The Servicer's obligation ’s obligations to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance Remittance Date prior to be nonrecoverable from the Remittance Date for the remittance of all Liquidation Proceeds, REO Disposition Proceeds and other payments or recoveries (including Insurance Proceeds or Insurance Proceeds Condemnation Proceeds) with respect to the applicable Mortgage Loan. In ; provided that such latter eventobligation shall cease if the Servicer furnishes to the Purchaser an Officers’ Certificate evidencing the determination by the Servicer in accordance with Section 6.04 that an advance with respect to such Mortgage Loan would constitute a Non-recoverable Advance.
(3) On the Business Day prior to the Remittance Date, the Servicer shall deliver deposit into the Collection Account payments on account of Prepayment Interest Shortfall Amount in an aggregate amount equal to the Owner an Officer's Certificate lesser of (i) the aggregate amount of Prepayment Interest Shortfall Amount for the related Remittance Date resulting solely from Principal Prepayments during the related Due Period, and (ii) the total amount of the Servicer servicing compensation that would be payable to the effect that an officer of Servicer if no Principal Prepayment was made during the Servicer has reviewed Due Period related to such Remittance Date. Such payments shall be deposited into the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanCollection Account.
Appears in 5 contracts
Samples: Servicing Agreement (Lehman Mortgage Trust 2007-5), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Citigroup Mortgage Loan Trust 2006-4), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted to the related Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by (i) the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account, plus (ii) with respect to the initial Remittance Date, the Non-held Early Pay Amount (as defined below). Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "“Amount Held for Future Distribution" ” as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Partial Principal Prepayments received or made in the month of such Remittance Date, (ii) Full Principal Payments received after the 15th day of the month in the month of such Remittance Date, and (iiiii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The "Non-held Early Pay Amount" shall be the total of the amounts on account of payments which represent early receipt of scheduled payments of principal and interest received on or prior to the Cut-off Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan.
Appears in 5 contracts
Samples: Servicing Agreement (SACO I Trust 2006-8), Servicing Agreement (SACO I Trust 2006-7), Servicing Agreement (SACO I Trust 2006-6)
Monthly Advances by the Servicer. (1) Not later than the close of business on the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Collection Account an amount equal to all payments Monthly Payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Servicer (with interest adjusted to the related Remittance Rate) that were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on the related Determination Date; provided, however, that . The Servicer may reduce the total amount to be deposited in the Collection Account as required by the foregoing sentence by the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit funds in the Custodial AccountCollection Account which are to be remitted to Purchaser on a Remittance Date or Dates subsequent to the related Due Period. Any portion amount of the Amount Held funds held for Future Distribution future distribution and so used to pay Monthly Advances shall be replaced by the Servicer by deposit into in the Custodial Collection Account on or before any future Remittance Date to the extent that the if funds that are available in the Custodial Collection Account for remittance to the Owner on such Remittance Date are shall be less than payments to the amount of payments Purchaser required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of .
(i2) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation ’s obligations to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance Remittance Date prior to be nonrecoverable from the Remittance Date for the remittance of all Liquidation Proceeds, REO Disposition Proceeds and other payments or recoveries (including Insurance Proceeds or Insurance Proceeds Condemnation Proceeds) with respect to the applicable Mortgage Loan. In ; provided that such latter eventobligation shall cease if the Servicer furnishes to the Purchaser an Officers’ Certificate evidencing the determination by the Servicer in accordance with Section 6.04 that an advance with respect to such Mortgage Loan would constitute a Non-recoverable Advance.
(3) On the Business Day prior to the Remittance Date, the Servicer shall deliver deposit into the Collection Account payments on account of Prepayment Interest Shortfall Amount in an aggregate amount equal to the Owner an Officer's Certificate lesser of (i) the aggregate amount of Prepayment Interest Shortfall Amount for the related Remittance Date resulting solely from Principal Prepayments during the related Due Period, and (ii) the total amount of the Servicer servicing compensation that would be payable to the effect that an officer of Servicer for such Due Period if no Principal Prepayment was made during the Servicer has reviewed the Due Period related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loansuch Remittance Date.
Appears in 5 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2013-1), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2012-2)
Monthly Advances by the Servicer. Not later than (a) With respect to each Mortgage Loan and subject to Section 6.03(c), on each Remittance Date the close Servicer shall, pursuant to Section 6.01, remit to Owner the total of business all scheduled Monthly Payments due on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, Due Date whether or not deferred pursuant to Section 4.01, of such Monthly Payments, adjusted to Payments were collected from the related Mortgage Loan Remittance Rate, Mortgagor. Any amounts which are delinquent at the close of business on the related Determination Date; provideddue but uncollected shall, howeversubject to subsection (c) below, that the amount of any such deposit may be reduced funded only by the Amount Held for Future Distribution (as defined below) then using excess cash collections, if any, on deposit in the Custodial Account. Any portion of .
(b) If the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by collections on deposit into in the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments the required monthly remittance, the Servicer shall, subject to be made subsection (c) below, make a Monthly Advance by depositing to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at enough of its own funds to make the close total on deposit equal the full amount of business the remittance due Owner. The Servicer may reimburse itself for its advances from collections from Mortgagors that are subsequently deposited into the Custodial Account to the extent provided in Section 4.05.
(c) If the Servicer determines, in its reasonable judgment, that any uncollected payment due from a Mortgagor that is due to be paid to Owner pursuant to Section 6.01 would not be recoverable from Liquidation Proceeds or other payments or recoveries (including Insurance Proceeds or Condemnation Proceeds) on the preceding Determination Date which were received after related Mortgage Loan, then the CutServicer will ensure that the amount considered to be non-off Date on account recoverable will not be funded from excess collections or advanced by the Servicer, and will therefore not be remitted to Owner until the earlier to occur of (ia) Liquidation Proceedsthe purchase of the Mortgage Loan by the Servicer, Insurance Proceedsif applicable, and Principal Prepayments received or made in (b) the month acquisition or disposition of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent title to the related Due Date. Mortgaged Property through foreclosure or otherwise, and then in each case shall only be paid to the extent of such repurchase price or recovery.
(d) The Servicer's obligation ’s obligations to make such Monthly Advances as to any Mortgage Loan pursuant to Section 6.03(a) and (b) will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance to be nonrecoverable from Remittance Date for the remittance of all Liquidation Proceeds, REO Disposition Proceeds or other payments or recoveries (including Insurance Proceeds or Condemnation Proceeds) with respect to the applicable related Mortgage LoanLoan or the related REO Property, subject to Section 6.03(c). In such latter eventWith respect to any Mortgage Loans determined to be unrecoverable and whose Monthly Payments are omitted from the scheduled monthly remittance, the Servicer shall deliver to the Owner an Officer's ’s Certificate to Owner setting forth the basis of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loansuch determination.
Appears in 4 contracts
Samples: Master Servicing Agreement (Sequoia Mortgage Trust 2007-2), Master Servicing Agreement (Sequoia Mortgage Trust 2007-1), Master Servicing Agreement (Sequoia Mortgage Trust 2007-4)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Account from its own funds or from amounts held for future distribution an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted principal (due after the Cut-off Date) and interest not allocable to the related period prior to the Cut-off Date, at the Mortgage Loan Remittance Rate, Rate which are were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the related immediately preceding Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountDate or which were deferred pursuant to Section 4.01. Any portion of the Amount Held amounts held for Future Distribution future distribution and so used to pay Monthly Advances shall be replaced by the Servicer by deposit into in the Custodial Account on or before any future Remittance Date to the extent that the if funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are shall be less than payments to the amount of payments Owner required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Monthly Advances is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Mortgage Loan or REO Property, will continue until a Final Recovery Determination in connection therewith, or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (including REO Disposition Proceeds, Insurance Proceeds and Condemnation Proceeds) with respect to the Mortgage Loan; provided, however, that such obligation shall cease if the Servicer determines, in its sole reasonable opinion, that advances with respect to such Mortgage Loan are Nonrecoverable Monthly Advances. In the event that the Servicer determines that any such advances is a Nonrecoverable Monthly Advance, the Servicer shall provide the Owner with an Officer’s Certificate signed by an authorized officer of the Servicer evidencing such determination. The Servicer shall not have an obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver shortfalls relating to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File Servicemembers Civil Relief Act or similar state and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanlocal laws.
Appears in 4 contracts
Samples: Servicing Agreement (HASCO Trust 2007-He2), Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He1), Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2)
Monthly Advances by the Servicer. (a) Not later than the close of business on the Business Day preceding each Monthly Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, Servicer of Monthly Payments, adjusted to principal and interest at the related Net Rate that were (i) due on any Mortgage Loan during the Due Period that commences in the same month in which such Monthly Remittance RateDate occurs, which are delinquent at (ii) not received as of the close of business on the related Determination Date; providedDate (whether or not deferred) and (iii) not due on or prior to the related Cut-off Date (the aggregate of all such amounts, however, that the amount “Monthly Advance”). In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Account that funds in such deposit may be reduced account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan due after the related Due Period for the related Monthly Remittance Date, have been used by the Amount Held for Future Distribution (as defined below) then on deposit Servicer in the Custodial Accountdischarge of its obligation to make any such Monthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the Custodial manner set forth above, in the Account no later than the close of business on any future the Business Day immediately preceding the next Monthly Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to the Owner distributed on such Monthly Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be entitled to be reimbursed from the total Account for all Monthly Advances of its own funds made pursuant to this Section as provided in Section 2.5.
(b) The obligation of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation Servicer to make such Monthly Advances as is mandatory, and, with respect to any Mortgage Loan will or REO Property, shall continue through the final disposition or liquidation earlier of (i) the date on which a Final Recovery Determination in connection with such Mortgage Loan is made and (ii) the due date of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect last Monthly Payment due prior to the applicable Mortgage Loan. In payment in full of such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan.
(c) Notwithstanding anything herein to the contrary, no Monthly Advance shall be required to be made hereunder by the Servicer if such Monthly Advance would, if made, constitute a Nonrecoverable Advance.
Appears in 3 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-9f), Servicing Agreement (GSR Mortgage Loan Trust 2006-8f), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-7)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted to the related Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off related Servicing Transfer Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-2, Mortgage Pass-Through Certificates, Series 2006-2), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7)
Monthly Advances by the Servicer. (a) Not later than the close of business on the Business Day preceding each Monthly Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, Servicer of Monthly Payments, adjusted to principal and interest at the related Net Rate that were (i) due on any Mortgage Loan during the Due Period that commences in the same month in which such Monthly Remittance RateDate occurs, which are delinquent at (ii) not received as of the close of business on the related Determination Date; providedDate (whether or not deferred) and (iii) not due on or prior to the related Cut-off Date (the aggregate of all such amounts, however, that the amount "Monthly Advance"). In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Account that funds in such deposit may be reduced account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan due after the related Due Period for the related Monthly Remittance Date, have been used by the Amount Held for Future Distribution (as defined below) then on deposit Servicer in the Custodial Accountdischarge of its obligation to make any such Monthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the Custodial manner set forth above, in the Account no later than the close of business on any future the Business Day immediately preceding the next Monthly Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to the Owner distributed on such Monthly Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be entitled to be reimbursed from the total Account for all Monthly Advances of its own funds made pursuant to this Section as provided in Section 2.5.
(b) The obligation of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation Servicer to make such Monthly Advances as is mandatory, and, with respect to any Mortgage Loan will or REO Property, shall continue through the final disposition or liquidation earlier of (i) the date on which a Final Recovery Determination in connection with such Mortgage Loan is made and (ii) the due date of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect last Monthly Payment due prior to the applicable Mortgage Loan. In payment in full of such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan.
(c) Notwithstanding anything herein to the contrary, no Monthly Advance shall be required to be made hereunder by the Servicer if such Monthly Advance would, if made, constitute a Nonrecoverable Advance.
Appears in 3 contracts
Samples: Servicing Agreement (Zuni 2006-Oa1), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23), Servicing Agreement (Structured Asset Securities Corp)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted to the related Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Amounts Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Amounts Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-5), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust II 2007-1)
Monthly Advances by the Servicer. Not later than (a) With respect to each Mortgage Loan and subject to Section 6.03(c), on each Remittance Date the close Servicer shall, pursuant to Section 6.01, remit to Owner the total of business all scheduled Monthly Payments due on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, Due Date whether or not deferred pursuant to Section 4.01, of such Monthly Payments, adjusted to Payments were collected from the related Mortgage Loan Remittance Rate, Mortgagor. Any amounts which are delinquent at the close of business on the related Determination Date; provideddue but uncollected shall, howeversubject to subsection (c) below, that the amount of any such deposit may be reduced funded only by the Amount Held for Future Distribution (as defined below) then using excess cash collections, if any, on deposit in the Custodial Account. Any portion of .
(b) If the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by collections on deposit into in the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments the required monthly remittance, the Servicer shall, subject to be made subsection (c) below, make a Monthly Advance by depositing to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at enough of its own funds to make the close total on deposit equal the full amount of business the remittance due Owner. The Servicer may reimburse itself for its advances from collections from Mortgagors that are subsequently deposited into the Custodial Account to the extent provided in Section 4.05.
(c) If the Servicer determines, in its reasonable judgment, that any uncollected payment due from a Mortgagor that is due to be paid to Owner pursuant to Section 6.01 would not be recoverable from Liquidation Proceeds or other payments or recoveries (including Insurance Proceeds or Condemnation Proceeds) on the preceding Determination Date which were received after related Mortgage Loan, then the CutServicer will ensure that the amount considered to be non-off Date on account recoverable will not be funded from excess collections or advanced by the Servicer, and will therefore not be remitted to Owner until the earlier to occur of (ia) Liquidation Proceedsthe purchase of the Mortgage Loan by the Servicer, Insurance Proceedsif applicable, and Principal Prepayments received or made in (b) the month acquisition or disposition of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent title to the related Due Date. The Servicer's obligation Mortgaged Property through foreclosure or otherwise, and then in each case shall only be paid to make the extent of such Monthly Advances as repurchase price or recovery.
(d) With respect to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance Loans determined to be nonrecoverable unrecoverable and whose Monthly Payments are omitted from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter eventscheduled monthly remittance, the Servicer shall deliver to the Owner an Officer's ’s Certificate to Owner setting forth the basis of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loansuch determination.
Appears in 3 contracts
Samples: Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1), Servicing Agreement (Thornburg Mortgage Sec Tr 2002-1 MRT Ln Ps THR CRT Sr 2002-1), Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the ServicerMonthly Payments, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted to the related which were due on a Mortgage Loan Remittance Rate, which are on the immediately preceding Due Date and delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held amounts held for Future Distribution future distribution and so used to pay Monthly Advances shall be replaced by the Servicer by deposit into in the Custodial Account on or before any future Remittance Date to the extent that the if funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are shall be less than payments to the amount of payments Purchaser required to be made to the Owner on such Remittance Date. The "Amount Held Notwithstanding the foregoing, the Servicer shall not be permitted to make any advances from amounts held for Future Distribution" as to any Remittance Date future distribution, and instead shall be required to make all advances from its own funds, unless the total Servicer, its parent, or their respective successors hereunder shall have a long-term credit rating of at least "A" by Fitch, Inc., or the amounts held in the Custodial Account at the close equivalent rating of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Dateanother Rating Agency. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) with respect to the Mortgage Loan or REO Property; provided, unless however, that such obligation shall cease if the Servicer deems determines, in its sole reasonable opinion, that advances with respect to such advance to be nonrecoverable Mortgage Loan are non-recoverable by the Servicer from Liquidation Proceeds, REO Disposition Proceeds Insurance Proceeds, Condemnation Proceeds, or Insurance Proceeds otherwise with respect to the applicable a particular Mortgage Loan. In the event that the Servicer determines that any such latter eventadvances are non-recoverable, the Servicer shall deliver to provide the Owner an Officer's Certificate Purchaser with a certificate signed by two officers of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanevidencing such determination.
Appears in 3 contracts
Samples: Purchase Agreement (Gs Mortgage Securities Corp), Seller's Purchase, Warranties and Servicing Agreement (Gs Mortgage Securities Corp), Seller's Purchase, Warranties and Servicing Agreement (Gs Mortgage Securities Corp)
Monthly Advances by the Servicer. Not later than Subject to the close conditions of business this Article V, the Servicer, as required below, shall make a Monthly Advance to the Certificate Account maintained by the Trustee, in the amount, if any, of the aggregate Monthly Payments less Prepayment Interest Shortfalls and Relief Act Shortfalls, after adjustment of the interest portion of each such Monthly Payment to the Mortgage Rate less the applicable Servicing Fee Rate, on the Business Day Mortgage Loans that were due on the Due Date but that were not received and remitted to the Certificate Account on or prior to the Servicer Advance Date. The Servicer shall be obligated to make any such Monthly Advance only to the extent that such advance, in the good faith judgment of the Servicer, will be recoverable by the Servicer from Insurance Proceeds, Liquidation Proceeds (less Liquidation Expenses), or otherwise on the related Mortgage Loan. On the Determination Date immediately preceding each Remittance the related Distribution Date, the Servicer shall deposit in determine whether and to what extent any Mortgagor has failed to make any Monthly Payment due on the Custodial Account an amount equal to all payments not previously Due Date and whether such deficiencies, if advanced by the Servicer, whether would be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses). If the Servicer shall have determined that it is not deferred pursuant obligated to Section 4.01make the entire Monthly Advance because all or a lesser portion of such Monthly Advance would not be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses), of Monthly Paymentsthe Servicer shall deliver to the Trustee, adjusted not less than two Business Days prior to the related Distribution Date, for the benefit of the Certificateholders and the Insurer, an Officers' Certificate setting forth the reasons for such determination. In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Custodial Account that funds in such account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan Remittance Rate, which are delinquent at the close of business on due after the related Determination Date; providedDue Period, however, that in excess of the Available Distribution Amount (less the amount of such Monthly Advance) for the related Distribution Date have been used by the Servicer in discharge of its obligation to make any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountMonthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the manner set forth above, in the Custodial Account on any future Remittance no later than the Servicer Advance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to distributed on the Owner on such Remittance related Distribution Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be the total of the amounts held in entitled to be reimbursed from the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such for all Monthly Advances of its own funds made pursuant to this Section as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanprovided in Section 3.09.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding (1) On or prior to each related Remittance Date, the Servicer shall either (a) deposit in the Custodial Collection Account from its own funds an amount equal to the aggregate amount of all payments not previously advanced by Monthly Payments which were due on the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted to Mortgage Loans during the related Mortgage Loan Remittance Rate, applicable Due Period and which are were delinquent at the close of business on the related immediately preceding Determination Date; providedDate (each such advance, howevera "P&I Advance"), (b) cause to be made an appropriate entry in the records of the Collection Account that amounts held for future distribution have been, as permitted by this Section 6.03, used by the amount Servicer in discharge of any such deposit may be reduced by the Amount Held for Future Distribution P&I Advance or (as defined belowc) then on deposit make P&I Advances in the Custodial Accountform of any combination of (a) or (b) aggregating the total amount of advances to be made. Any portion of the Amount Held amounts held for Future Distribution future distribution and so used to pay Monthly Advances shall be replaced by the Servicer by deposit into in the Custodial Collection Account on or before any future Remittance Date to the extent that the if funds that are available in the Custodial Collection Account for remittance to the Owner on such Remittance Date are shall be less than payments to the amount of payments Purchaser required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make P&I Advances as to any Mortgage Loan is mandatory and will continue through the last Monthly Payment due prior to the payment in full of a Mortgage Loan, or through the last related Remittance Date prior to the Remittance Date for the distribution of all other payments or recoveries (including proceeds under any title, hazard or other insurance policy, or condemnation awards) with respect to a Mortgage Loan; provided, however, that such obligation shall cease if the Servicer, in its good faith judgment, determines that such P&I Advances would not be a Nonrecoverable Advance pursuant to Section 6.04. The determination by the Servicer that a P&I Advance, if made, would be a Nonrecoverable Advance, shall be evidenced by an Officer's Certificate of the Servicer, delivered to the Purchaser, which details the reasons for such determination. The Servicer shall not have any obligation to advance amounts in respect of shortfalls relating to the Servicemembers Civil Relief Act and similar state and local laws.
(2) The Servicer's obligations to make Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance Remittance Date prior to be nonrecoverable from the Remittance Date for the remittance of all Liquidation Proceeds, REO Disposition Proceeds and other payments or recoveries (including Insurance Proceeds or Insurance Proceeds Condemnation Proceeds) with respect to the applicable Mortgage Loan. In ; provided that such latter eventobligation shall cease if the Servicer furnishes to the Purchaser an Officers' Certificate evidencing the determination by the Servicer in accordance with Section 6.04 that an advance with respect to such Mortgage Loan would constitute a Non-recoverable Advance.
(3) On or prior to each related Remittance Date, the Servicer shall deliver deposit into the Collection Account payments on account of Prepayment Interest Shortfall Amount in an aggregate amount equal to the Owner an Officer's Certificate lesser of (i) the aggregate amount of Prepayment Interest Shortfall Amounts for the related Remittance Date resulting solely from Principal Prepayments during the related Principal Prepayment Period, and (ii) the total amount of the Servicer servicing compensation that would be payable to the effect that an officer of Servicer if no Principal Prepayments were made during the Servicer has reviewed Principal Prepayment Period related to such Remittance Date. Such payments shall be deposited into the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanCollection Account.
Appears in 2 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Banc of America Funding 2006-8t2 Trust), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Banc of America Funding 2006-I Trust)
Monthly Advances by the Servicer. (a) Not later than the close of business on the Business Day preceding each Monthly Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, Servicer of Monthly Payments, adjusted to principal and interest at the related Net Rate that were due on the Mortgage Loan Remittance Rate, which are delinquent at and (i) not received as of the close of business on the related Determination Date; providedDate (whether or not deferred) and (ii) not due on or prior to the related Cut-off Date (the aggregate of all such amounts, however, that the amount "Monthly Advance"). In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Account that funds in such deposit may be reduced account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan due after the related Due Period for the related Monthly Remittance Date, have been used by the Amount Held for Future Distribution (as defined below) then on deposit Servicer in the Custodial Accountdischarge of its obligation to make any such Monthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the Custodial manner set forth above, in the Account no later than the close of business on any future the Business Day immediately preceding the next Monthly Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to the Owner distributed on such Monthly Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be entitled to be reimbursed from the total Account for all Monthly Advances of its own funds made pursuant to this Section as provided in Section 2.5.
(b) The obligation of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation Servicer to make such Monthly Advances as is mandatory, and, with respect to any Mortgage Loan will or REO Property, shall continue through the final disposition or liquidation earlier of (i) the date on which a Final Recovery Determination in connection with such Mortgage Loan is made and (ii) the due date of the Mortgaged Propertylast Monthly Payment due prior to the payment in full of such Mortgage Loan.
(c) Notwithstanding anything herein to the contrary, unless no Monthly Advance shall be required to be made hereunder by the Servicer deems if such advance to be nonrecoverable from Liquidation ProceedsMonthly Advance would, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loanif made, constitute a Nonrecoverable Advance. In such latter event, The determination by the Servicer that it has made a Nonrecoverable Advance or that any proposed Monthly Advance, if made, would constitute a Nonrecoverable Advance, shall deliver to the Owner be evidenced by an Officer's Certificate of the Servicer delivered to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanOwner.
Appears in 2 contracts
Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1), Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1)
Monthly Advances by the Servicer. (a) Not later than the close of business on the Business Day preceding each Monthly Remittance Date, the Servicer shall deposit in the Custodial Account an amount (the "Monthly Advance") equal to all payments not previously advanced by the Servicer, whether or Servicer of principal (due after the related Cut-off Date) and interest at the Net Rate not deferred pursuant allocable to Section 4.01, of Monthly Payments, adjusted the period prior to the related Cut-off Date, which were due on a Mortgage Loan Remittance Rate, during the related Due Period and which are were delinquent at the close of business on the related Determination Date; provided, however, that the amount Date whether or not deferred. In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Account that funds in such deposit may be reduced account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan due after the related Due Period for the related Monthly Remittance Date, have been used by the Amount Held for Future Distribution (as defined below) then on deposit Servicer in the Custodial Accountdischarge of its obligation to make any such Monthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the Custodial manner set forth above, in the Account no later than the close of business on any future the Business Day immediately preceding the next Monthly Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to the Owner distributed on such Monthly Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be entitled to be reimbursed from the total Account for all Monthly Advances of its own funds made pursuant to this Section as provided in Section 2.5.
(b) The obligation of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation Servicer to make such Monthly Advances as is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Mortgage Loan will or REO Property, shall continue through the final disposition earlier of (i) a Final Recovery Determination in connection with such Mortgage Loan or liquidation (ii) the last Monthly Payment due prior to the payment in full of such Mortgage Loan; provided that, notwithstanding anything herein to the Mortgaged Propertycontrary, unless no Monthly Advance shall be required to be made hereunder by the Servicer deems if such advance to be nonrecoverable from Liquidation ProceedsMonthly Advance would, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter eventif made, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained constitute a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanNonrecoverable Advance.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a), Servicing Agreement (Structured Asset Securities Corp)
Monthly Advances by the Servicer. Not later than the close of business on On the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Account from its own funds or from amounts held for future distribution an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Payments (with interest adjusted to the related Mortgage Loan Remittance Rate, ) which are were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the related immediately preceding Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountDate or which were deferred pursuant to Section 4.01. Any portion of the Amount Held amounts held for Future Distribution future distribution and so used to pay Monthly Advances shall be replaced by the Servicer by deposit into in the Custodial Account on or before any future Remittance Date to the extent that the if funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are shall be less than payments to the amount of payments Owner required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's ’s obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (including REO Disposition Proceeds, Insurance Proceeds and Condemnation Proceeds) with respect to the Mortgage Loan; provided, however, that such obligation shall cease if the Servicer deems determines, in its sole reasonable opinion, that advances with respect to such advance to be nonrecoverable Mortgage Loan are non-recoverable by the Servicer from Liquidation Proceeds, REO Disposition Proceeds Insurance Proceeds, Condemnation Proceeds, or Insurance Proceeds otherwise with respect to the applicable a particular Mortgage Loan. In the event that the Servicer determines that any such latter eventadvances are non-recoverable, the Servicer shall deliver to provide the Owner an Officer's Certificate of the Servicer to the effect that with a certificate signed by an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanevidencing such determination.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp. Asset-Backed Pass-Through Certificates, Series 2005-4), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2005-3)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Servicing Account an amount equal to all payments the aggregate Minimum Monthly Payments (net of the Servicing Fee and, in the case of a Lender PMI Mortgage Loan, net of the premium for the Primary Mortgage Insurance Policy with respect to that Mortgage Loan) on the Mortgage Loans that were due on the related Due Date and not previously advanced received by the Servicer, whether or not deferred pursuant to Section 4.01, Servicer as of Monthly Payments, adjusted to the related Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, howevertogether with an amount equivalent to the Minimum Monthly Payment that would have been due on each Mortgage Loan as to which the related Mortgaged Property is an REO Property had such Mortgaged Property not become REO Property and such Mortgage Loan had remained outstanding, that less the aggregate amount of any such deposit may delinquent Minimum Monthly Payments that the Servicer has determined would constitute a Nonrecoverable Advance if advanced. Notwithstanding the preceding sentence, so long as the current long-term credit rating of CHL is at least “A-” by S&P and “A3” by Xxxxx’x, the Servicer shall be reduced by permitted to make an appropriate entry in its records relating to the Custodial Account that any Amount Held for Future Distribution (as defined below) then on deposit has been used by the Servicer in the Custodial Accountdischarge of its obligation to make any such Monthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less no later than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such next Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's ’s obligation to make such Monthly Advances advances as to any Mortgage Loan will continue through the final disposition earliest of: (i) the last Monthly Payment due prior to the payment in full of the Mortgage Loan, (ii) the Remittance Date prior to the Remittance Date for the distribution of any Liquidation Proceeds, Other Insurance Proceeds or Condemnation Proceeds which, in the case of Other Insurance Proceeds and Condemnation Proceeds, satisfy in full the indebtedness of such Mortgage Loan, and (iii) the Remittance Date prior to the date on which cash is received in connection with the liquidation of the Mortgaged REO Property, unless . In no event shall the Servicer be obligated to make an advance under this Section 11.18 if at the time of such advance it deems such advance would be a Nonrecoverable Advance. If the Servicer determines that any advance made or proposed to be nonrecoverable from Liquidation Proceedsmade is or would be, REO Disposition Proceeds or Insurance Proceeds with respect to as the applicable Mortgage Loan. In such latter eventcase may be, a Nonrecoverable Advance, the Servicer shall deliver to the Owner Purchaser an Officer's ’s Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing Mortgage File and has obtained a recent appraisal and has made the reasonable determination that any previous and any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanNonrecoverable Advances.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (Harborview Mortgage Loan Trust 2006-Cb1)
Monthly Advances by the Servicer. Not later than (a) On the close of business on the Business Day preceding each Remittance Distribution Account Deposit Date, the Servicer shall is required to deliver to the Trustee for deposit in into the Custodial Distribution Account an amount equal to all payments Monthly Payments, not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Servicer (with interest adjusted to the related Mortgage Rate net of the Servicing Fee Rate), which were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on the related Determination Date. If the Servicer does not make a required Monthly Advance, the Trustee shall make such Monthly Advance on the following Distribution Date. The Trustee shall be reimbursed prior to the Servicer for any Monthly Advances made pursuant to this Agreement.
(b) The Servicer 's obligation to make Monthly Advances as to any Mortgage Loan shall continue through the remittance date following the earlier to occur of (a) the repurchase of the Mortgage Loan by the Servicer, if applicable, and (b) the acquisition or disposition of title to the related Mortgaged Property through foreclosure or receipt of a deed in lieu of foreclosure; provided, however, that the amount of any such deposit may Servicer shall not be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held for Future Distribution used required to pay make a Monthly Advances shall be replaced by Advance if the Servicer by deposit into determines, in its reasonable judgment, that such Monthly Advance would not be recoverable from Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds or condemnation proceeds) on the Custodial Account on any future Remittance Date related Mortgage Loan and delivers to the extent Trustee an Officer's Certificate setting forth the basis for such determination; provided, further, that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments Servicer shall not be required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on make a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds Advance with respect to the applicable principal portion of the Monthly Payment for any Mortgage Loan for which a balloon payment is due on the maturity date of such Mortgage Loan. The Trustee may rely conclusively on any determination by the Servicer that a Monthly Advance would not be recoverable.
(c) In such latter eventthe event that any Mortgage Loan is the subject of a Prepayment Interest Shortfall prior to the Determination Date for a Distribution Date, the Servicer shall deliver be obligated, to the Owner an Officer's Certificate extent of the Servicer Servicing Fee for such Distribution Date, to remit to the effect that an officer Trustee for deposit into the Distribution Account on the related Distribution Account Deposit Date, as a reduction of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect Fee (but not in excess thereof) for such Distribution Date, an amount equal to the applicable Prepayment Interest Shortfall; and in the case of such deposit, the Servicer shall not be entitled to any recovery or reimbursement from the Depositor, the Mortgage LoanLoan Seller, the Trustee or the Certificateholders. Such deposited amount shall be part of the Group I or Group II Available Distribution Amount, as applicable, for such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted to the related Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by (i) the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account, plus (ii) with respect to the initial Remittance Date, the Non-held Early Pay Amount (as defined below). Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Partial Principal Prepayments received or made in the month of such Remittance Date, (ii) Full Principal Payments received after the 15th day of the month in the month of such Remittance Date, and (iiiii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The "Non-held Early Pay Amount" shall be the total of the amounts on account of payments which represent early receipt of scheduled payments of principal and interest received on or prior to the Cut-off Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-1)
Monthly Advances by the Servicer. Not later than (a) On the close of business on the Business Day preceding each Remittance Determination Date, the Servicer shall is required to deliver to the Trustee for deposit in into the Custodial Distribution Account an amount equal to all payments Monthly Payments, not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Servicer (with interest adjusted to the related Mortgage Rate net of the Servicing Fee Rate), which were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on the related Determination Date. If the Servicer does not make a required Monthly Advance, the Trustee (only if it has succeeded to the obligations of the Servicer) shall make such Monthly Advance on the following Distribution Date. The Trustee shall be reimbursed prior to the Servicer for any Monthly Advances made pursuant to this Agreement.
(b) The Servicer 's obligation to make Monthly Advances as to any Mortgage Loan shall continue through the remittance date following the earlier to occur of (i) the repurchase of the Mortgage Loan by the Servicer, if applicable, and (ii) the acquisition or disposition of title to the related Mortgaged Property through foreclosure or receipt of a deed in lieu of foreclosure; provided, however, that the amount of any such deposit may Servicer shall not be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held for Future Distribution used required to pay make a Monthly Advances shall be replaced by Advance if the Servicer by deposit into determines, in its reasonable judgment, that such Monthly Advance would not be recoverable from Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds or condemnation proceeds) on the Custodial Account on any future Remittance Date related Mortgage Loan and delivers to the extent Trustee an Officer's Certificate setting forth the basis for such determination; provided, further, that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments Servicer shall not be required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on make a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds Advance with respect to the applicable principal portion of the Monthly Payment for any Mortgage Loan for which a balloon payment is due on the maturity date of such Mortgage Loan. The Trustee may rely conclusively on any determination by the Servicer that a Monthly Advance would not be recoverable.
(c) In such latter eventthe event that any Mortgage Loan is the subject of a Prepayment Interest Shortfall prior to the Determination Date for a Distribution Date, the Servicer shall deliver be obligated, to the Owner an Officer's Certificate extent of the Servicer Servicing Fee for such Distribution Date, to remit to the effect that an officer Trustee for deposit into the Distribution Account on the related Determination Date, as a reduction of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect Fee (but not in excess thereof) for such Distribution Date, an amount equal to the applicable Prepayment Interest Shortfall; and in the case of such deposit, the Servicer shall not be entitled to any recovery or reimbursement from the Depositor, the Mortgage LoanLoan Seller, the Trustee or the Certificateholders. Such deposited amount shall be part of Available Funds for such Distribution Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)
Monthly Advances by the Servicer. (1) Not later than the close of business on the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Collection Account an amount equal to all payments Monthly Payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Servicer (with interest adjusted to the related Remittance Rate) that were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on the related Determination Date; provided, however, that . The Servicer may reduce the total amount to be deposited in the Collection Account as required by the foregoing sentence by the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit funds in the Custodial Account. Any portion of the Amount Held for Future Distribution used Collection Account which are to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account remitted to Owner on any future a Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates Dates subsequent to the related Due Date. Period.
(2) The Servicer's obligation obligations to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance Remittance Date prior to be nonrecoverable from the Remittance Date for the remittance of all Liquidation Proceeds, REO Disposition Proceeds and other payments or recoveries (including Insurance Proceeds or Insurance Proceeds Condemnation Proceeds) with respect to the applicable Mortgage Loan. In ; provided that such latter eventobligation shall cease if the Servicer furnishes to the Owner an Officers' Certificate evidencing the determination by the Servicer in accordance with Section 5.04 that an advance with respect to such Mortgage Loan would constitute a Non-recoverable Advance.
(3) On the Business Day prior to the Remittance Date, the Servicer shall deliver deposit into the Collection Account payments on account of Prepayment Interest Shortfall Amounts in an aggregate amount equal to the Owner an Officer's Certificate lesser of (i) the aggregate amount of Prepayment Interest Shortfall Amount for the related Remittance Date resulting solely from Principal Prepayments during the related Due Period, and (ii) the total amount of the Servicer servicing compensation that would be payable to the effect that an officer of Servicer if no Principal Prepayment was made during the Servicer has reviewed Due Period related to such Remittance Date. Such payments shall be deposited into the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanCollection Account.
Appears in 1 contract
Samples: Mortgage Loan Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-A9)
Monthly Advances by the Servicer. Not later than Subject to the close conditions of business this Article V, the Servicer, as required below, shall make a Monthly Advance to the Certificate Account maintained by the Trustee, in the amount, if any, of the aggregate Monthly Payments less Prepayment Interest Shortfalls and Relief Act Shortfalls, after adjustment of the interest portion of each such Monthly Payment to the Mortgage Rate less the applicable Servicing Fee Rate, on the Business Day Mortgage Loans that were due on the Due Date but that were not received and remitted to the Certificate Account on or prior to the Servicer Advance Date. The Servicer shall be obligated to make any such Monthly Advance only to the extent that such advance, in the good faith judgment of the Servicer, will be recoverable by the Servicer from Insurance Proceeds, Liquidation Proceeds (less Liquidation Expenses), or otherwise on the related Mortgage Loan. On the Determination Date immediately preceding each Remittance the related Distribution Date, the Servicer shall deposit in determine whether and to what extent any Mortgagor has failed to make any Monthly Payment due on the Custodial Account an amount equal to all payments not previously Due Date and whether such deficiencies, if advanced by the Servicer, whether would be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses). If the Servicer shall have determined that it is not deferred pursuant obligated to Section 4.01make the entire Monthly Advance because all or a lesser portion of such Monthly Advance would not be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses), of Monthly Paymentsthe Servicer shall deliver to the Trustee, adjusted not less than two Business Days prior to the related Distribution Date, for the benefit of the Certificateholders and the Certificate Insurer, an Officers' Certificate setting forth the reasons for such determination. In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Custodial Account that funds in such account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan Remittance Rate, which are delinquent at the close of business on due after the related Determination Date; providedDue Period, however, that in excess of the Available Distribution Amount (less the amount of such Monthly Advance) for the related Distribution Date have been used by the Servicer in discharge of its obligation to make any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountMonthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the manner set forth above, in the Custodial Account on any future Remittance no later than the Servicer Advance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to distributed on the Owner on such Remittance related Distribution Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be the total of the amounts held in entitled to be reimbursed from the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such for all Monthly Advances of its own funds made pursuant to this Section as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanprovided in Section 3.09.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB)
Monthly Advances by the Servicer. Not later than Subject to the close conditions of business this Article V, the Servicer, as required below, shall make a Monthly Advance to the Certificate Account maintained by the Trustee, in the amount, if any, of the aggregate Monthly Payments less Prepayment Interest Shortfalls and Relief Act Reductions, after adjustment of the interest portion of each such Monthly Payment to the Mortgage Rate less the applicable Servicing Fee Rate and the Retained Yield Rate, on the Business Day Mortgage Loans that were due on the Due Date but that were not received and remitted to the Certificate Account on or prior to the Servicer Advance Date. The Servicer shall be obligated to make any such Monthly Advance only to the extent that such advance, in the good faith judgment of the Servicer, will be recoverable by the Servicer from Insurance Proceeds, Liquidation Proceeds (less Liquidation Expenses), or otherwise on the related Mortgage Loan. On the Determination Date immediately preceding each Remittance the related Distribution Date, the Servicer shall deposit in determine whether and to what extent any Mortgagor has failed to make any Monthly Payment due on the Custodial Account an amount equal to all payments not previously Due Date and whether such deficiencies, if advanced by the Servicer, whether would be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses). If the Servicer shall have determined that it is not deferred pursuant obligated to Section 4.01make the entire Monthly Advance because all or a lesser portion of such Monthly Advance would not be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses), of Monthly Payments, adjusted the Servicer shall deliver to the related Mortgage Loan Remittance RateTrustee, which are delinquent at not later than the close 18th day of business on the related Determination Date; providedcalendar month (or the next succeeding Business Day if the 18th is not a Business Day), howeverfor the benefit of the Certificateholders, an Officers' Certificate setting forth the reasons for such determination. In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Custodial Account that funds in such account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage due after the related Due Period, in excess of the Available Distribution Amount (less the amount of such Monthly Advance) for the related Distribution Date have been used by the Servicer in discharge of its obligation to make any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountMonthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the manner set forth above, in the Custodial Account on any future Remittance no later than the Servicer Advance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to distributed on the Owner on such Remittance related Distribution Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be the total of the amounts held in entitled to be reimbursed from the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such for all Monthly Advances of its own funds made pursuant to this Section as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanprovided in Section 3.09.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mort Sec Corp M B P T C Se 00 Wm2)
Monthly Advances by the Servicer. (1) Not later than the close of business on the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Collection Account an amount equal to all payments Monthly Payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Servicer (with interest adjusted to the related Remittance Rate) that were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on the related Determination Date; provided, however, that . The Servicer may reduce the total amount to be deposited in the Collection Account as required by the foregoing sentence by the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit funds in the Custodial Account. Any portion of the Amount Held for Future Distribution used Collection Account which are to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account remitted to Purchaser on any future a Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates Dates subsequent to the related Due Date. Period.
(2) The Servicer's obligation ’s obligations to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance Remittance Date prior to be nonrecoverable from the Remittance Date for the remittance of all Liquidation Proceeds, Proceeds or REO Disposition Proceeds and other payments or recoveries (including Insurance Proceeds or Condemnation Proceeds) with respect to the applicable Mortgage Loan. In ; provided that such latter eventobligation shall cease if the Servicer furnishes to the Purchaser and the Securities Administrator an Officers’ Certificate evidencing the determination by the Servicer in accordance with Section 6.04 that an advance with respect to such Mortgage Loan would constitute a Non-recoverable Advance.
(3) On the Business Day prior to the Remittance Date, the Servicer shall deliver deposit into the Collection Account payments on account of Prepayment Interest Shortfall Amount in an aggregate amount equal to the Owner an Officer's Certificate lesser of (i) the aggregate amount of Prepayment Interest Shortfall Amount for the related Remittance Date resulting solely from Principal Prepayments during the related Due Period, and (ii) the total amount of the Servicer servicing compensation that would be payable to the effect that an officer of Servicer if no Principal Prepayment was made during the Servicer has reviewed Due Period related to such Remittance Date. Such payments shall be deposited into the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanCollection Account.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-3)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted to the related Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by (i) the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account, plus (ii) with respect to the initial Remittance Date, the Non-held Early Pay Amount (as defined below). Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Partial Principal Prepayments received or made in the month of such Remittance Date, (ii) Full Principal Payments received after the 15th day of the month in the month of such Remittance Date, and (iiiii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The "Non- held Early Pay Amount" shall be the total of the amounts on account of payments which represent early receipt of scheduled payments of principal and interest received on or prior to the Cut-off Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2007-Sd2)
Monthly Advances by the Servicer. Not later than (a) Subject to the close conditions of business this Article V, the Servicer, as required below, on each Servicer Advance Date shall make an advance (a "Monthly Advance") to the Certificate Account, in the amount, if any, of the aggregate Monthly Payments less Net Prepayment Interest Shortfalls and Relief Act Shortfalls, after adjustment of the interest portion of each such Monthly Payment to the Net Mortgage Rate, on the Business Day Mortgage Loans that were due on the Due Date but that were not received and remitted to the Certificate Account on or prior to such Servicer Advance Date. The Servicer shall be obligated to make any such Monthly Advance only to the extent that such advance, in the good faith judgment of the Servicer, will not be a Nonrecoverable Advance.
(b) On the Determination Date immediately preceding each Remittance the related Distribution Date, the Servicer shall deposit in determine whether and to what extent any Mortgagor has failed to make any Monthly Payment due on the Custodial Account an amount equal to all payments not previously Due Date and whether such deficiencies, if advanced by the Servicer, whether would be a Nonrecoverable Advance. If the Servicer shall have determined that it is not obligated to make the entire Monthly Advance because all or a lesser portion of such Monthly Advance would not deferred pursuant to Section 4.01be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses), of Monthly Payments, adjusted the Servicer shall deliver to the related Mortgage Loan Remittance RateTrustee, which are delinquent at the close of business on not less than one Business Day after the related Determination Date; provided, howeverfor the benefit of the Certificateholders, a certificate of a Servicing Officer setting forth the reasons for such determination.
(c) In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Custodial Account that funds in such account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage due after the related Due Period, in excess of the Total Distribution Amount (less the amount of such Monthly Advance) for the related Distribution Date have been used by the Servicer in discharge of its obligation to make any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountMonthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the manner set forth above, in the Custodial Account on any future Remittance no later than the next Servicer Advance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to distributed on the Owner on such Remittance related Distribution Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be the total of the amounts held in entitled to be reimbursed from the Custodial Account at and the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Certificate Account for all Monthly Advances of its own funds made pursuant to this Section as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File provided in Section 3.09 and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan4.01.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Paymentsprincipal and interest, adjusted to the related Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by (i) the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account, plus (ii) with respect to the initial Remittance Date, the Non-held Early Pay Amount (as defined below). Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments Prepayments, received or made in the month of such Remittance Date, Date and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The "Non-held Early Pay Amount" shall be the total of the amounts on account of payments which represent early receipt of scheduled payments of principal and interest received on or prior to the Cut-off Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing Mortgage File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loan. The Servicer shall have the right at any time, pursuant to Section 4.05(iv), to withdraw funds on deposit in the Custodial Account to reimburse itself for any unreimbursed Monthly Advances made by Servicer pursuant to this Section 5.03 which are not permanently reimbursable on a loan-level basis pursuant to Sections 4.05(ii) and 4.05(iii). Such amounts so reimbursed to the Servicer pursuant to Section 4.05(iv) are defined therein as "Temporary Reimbursement" and are required to be replaced by the Servicer pursuant to Section 4.04(x) by deposit into the Custodial Account on the Business Day prior to any Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Monthly Advances by the Servicer. Not later than (a) With respect to each Mortgage Loan and subject to Section 6.03(c), on each Remittance Date the close Servicer shall, pursuant to Section 6.01, remit to Owner the total of business all scheduled Monthly Payments due on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, Due Date whether or not deferred pursuant to Section 4.01, of such Monthly Payments, adjusted to Payments were collected from the related Mortgage Loan Remittance Rate, Mortgagor. Any amounts which are delinquent at the close of business on the related Determination Date; provideddue but uncollected shall, howeversubject to subsection (c) below, that the amount of any such deposit may be reduced funded only by the Amount Held for Future Distribution (as defined below) then using excess cash collections, if any, on deposit in the Custodial Account. Any portion of .
(b) If the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by collections on deposit into in the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments the required monthly remittance, the Servicer shall, subject to be made subsection (c) below, make a Monthly Advance by depositing to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at enough of its own funds to make the close total on deposit equal the full amount of business the remittance due Owner. The Servicer may reimburse itself for its advances from collections from Mortgagors that are subsequently deposited into the Custodial Account to the extent provided in Section 4.05.
(c) If the Servicer determines, in its reasonable judgment, that any uncollected payment due from a Mortgagor that is due to be paid to Owner pursuant to Section 6.01 would not be recoverable from Liquidation Proceeds or other payments or recoveries (including Insurance Proceeds or Condemnation Proceeds) on the preceding Determination Date which were received after related Mortgage Loan, then the CutServicer will ensure that the amount considered to be non-off Date on account recoverable will not be funded from excess collections or advanced by the Servicer, and will therefore not be remitted to Owner until the earlier to occur of (ia) Liquidation Proceedsthe purchase of the Mortgage Loan by the Servicer, Insurance Proceedsif applicable, and Principal Prepayments received or made in (b) the month acquisition or disposition of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent title to the related Due Date. The Servicer's obligation Mortgaged Property through foreclosure or otherwise, and then in each case shall only be paid to make the extent of such Monthly Advances as repurchase price or recovery.
(d) With respect to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance Loans determined to be nonrecoverable unrecoverable and whose Monthly Payments are omitted from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter eventscheduled monthly remittance, the Servicer shall deliver to the Owner an Officer's Certificate to Owner setting forth the basis of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loansuch determination.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Mortgage Investments Inc)
Monthly Advances by the Servicer. Not later than Subject to the close conditions of business this Article V, the Servicer, as required below, shall make a Monthly Advance to the Certificate Account maintained by the Trustee, in the amount, if any, of the aggregate Monthly Payments less Prepayment Interest Shortfalls and Relief Act Reductions, after adjustment of the interest portion of each such Monthly Payment to the Mortgage Rate less the applicable Servicing Fee Rate, on the Business Day Mortgage Loans that were due on the Due Date but that were not received and remitted to the Certificate Account on or prior to the Servicer Advance Date. The Servicer shall be obligated to make any such Monthly Advance only to the extent that such advance, in the good faith judgment of the Servicer, will be recoverable by the Servicer from Insurance Proceeds, Liquidation Proceeds (less Liquidation Expenses), or otherwise on the related Mortgage Loan. On the Determination Date immediately preceding each Remittance the related Distribution Date, the Servicer shall deposit in determine whether and to what extent any Mortgagor has failed to make any Monthly Payment due on the Custodial Account an amount equal to all payments not previously Due Date and whether such deficiencies, if advanced by the Servicer, whether would be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses). If the Servicer shall have determined that it is not deferred pursuant obligated to Section 4.01make the entire Monthly Advance because all or a lesser portion of such Monthly Advance would not be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses), of Monthly Paymentsthe Servicer shall deliver to the Trustee, adjusted not less than two Business Days prior to the related Distribution Date, for the benefit of the Certificateholders, an Officers' Certificate setting forth the reasons for such determination. In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Custodial Account that funds in such account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan Remittance Rate, which are delinquent at the close of business on due after the related Determination Date; providedDue Period, however, that in excess of the Available Distribution Amount (less the amount of such Monthly Advance) for the related Distribution Date have been used by the Servicer in discharge of its obligation to make any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountMonthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the manner set forth above, in the Custodial Account on any future Remittance no later than the Servicer Advance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to distributed on the Owner on such Remittance related Distribution Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be the total of the amounts held in entitled to be reimbursed from the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such for all Monthly Advances of its own funds made pursuant to this Section as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanprovided in Section 3.09.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mor Pass THR Cert Ser 2000-9)
Monthly Advances by the Servicer. Not later than the close of business on On the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Account from its own funds or from amounts held for future distribution an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Payments (with interest adjusted to a rate equal to the related excess of the mortgage rate specified in the Mortgage Loan Remittance Rate, Note over the rate of the Servicing Fee) which are were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the related Determination Business Day immediately preceding such Remittance Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held amounts held for Future Distribution future distribution and so used to pay Monthly Advances shall be replaced by the Servicer by deposit into in the Custodial Account on or before any future Remittance Date to the extent that the if funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are shall be less than payments to the amount of payments Servicer required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as Following a Pass-Through Transfer, the Guarantor, in its reasonable judgment, shall have the right to any Remittance Date shall be require the total Servicer to remit, from its own funds, to the Custodial Account an amount equal to all advances previously made with respect to the Reconstituted Mortgage Loans out of the amounts funds held in the Custodial Account at the close of business and not previously repaid from collections on the Reconstituted Mortgage Loans, and in such event, the Servicer shall thereafter remit all advances with respect to the Reconstituted Mortgage Loans from its own funds. In no event shall the preceding Determination Date which were received after sentence be construed as limiting the Cut-off Date on account of Servicer's right to (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received pass through late collections on the Mortgages related to the Reconstituted Mortgage Loans in lieu of making advances or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due reimburse itself for such advances from late collections on a date or dates subsequent such Mortgages. Subject to the related Due Date. The provisions of Section 2.04, the Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance earlier of: (i) the last Remittance Date prior to be nonrecoverable from the Remittance Date for the distribution of all Liquidation Proceeds, REO Disposition Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) with respect to the applicable Mortgage Loan. In Loan and (ii) the Remittance Date prior to the date the Mortgage Loan is converted to REO Property; provided, however, that such latter event, obligation shall cease if the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect determines, in its sole reasonable opinion, that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable such Mortgage LoanLoan are Non-Recoverable Advances.
Appears in 1 contract
Monthly Advances by the Servicer. Not later than the close of business on On the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Account from its own funds an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Payments (with interest adjusted to the related Mortgage Loan Remittance Rate, ) which are were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the immediately preceding Determination Date or which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent deferred pursuant to the related Due DateSection 3.01. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) with respect to the Mortgage Loan unless the Servicer deems such advance Monthly Advances to be nonrecoverable from Liquidation Proceedsunrecoverable, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner as evidenced by an Officer's Certificate of the Servicer delivered to the effect that Owner.
33. A new Subsection 11.30 to the Servicing Addendum (Recordation of Assignments of Mortgage) is hereby added to this Agreement to read as follows: At the expense of Depositor, the Servicer shall (i) prepare an officer Assignment of Mortgage in favor of the Servicer has reviewed Trustee as to each Non-MERS Mortgage Loan, and (ii) as soon as practicable after the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect Closing Date (but in no event more than 90 days thereafter except to the extent delays are caused by the applicable recording office) cause to be properly recorded in each public recording office where such Non-MERS Eligible Mortgage LoanLoans are recorded each Assignment of Mortgage.
34. A new Subsection 11.31 to the Servicing Addendum (Reporting Requirements of the Commission and Indemnification) is hereby added to this Agreement to read as follows:
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day preceding each Remittance Date, the Servicer shall deposit in the Custodial Account an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted to the related Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, however, that the amount of any such deposit may be reduced by (i) the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account, plus (ii) with respect to the initial Remittance Date, the Non-held Early Pay Amount (as defined below). Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "“Amount Held for Future Distribution" ” as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, Condemnation Proceeds and Principal Prepayments received or made in the month of such Remittance Date, Date and (ii) payments which represent early receipt of scheduled payments of principal and interest Monthly Payments due on a date or dates subsequent to the related Due Date. The “Non-held Early Pay Amount” shall be the total of the amounts then on deposit in the Custodial Account on account of payments which represent early receipt of Monthly Payments received on or prior to the Cut-off Date. The Servicer's ’s obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds, Condemnation Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's ’s Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan.
Appears in 1 contract
Samples: Servicing Agreement (MASTR Alternative Loan Trust 2007-1)
Monthly Advances by the Servicer. (1) Not later than the close of business on the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Collection Account an amount equal to all payments Monthly Payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Servicer (with interest adjusted to the related Remittance Rate) that were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on the related Determination Date; provided, however, that . The Servicer may reduce the total amount to be deposited in the Collection Account as required by the foregoing sentence by the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit funds in the Custodial Account. Any portion of the Amount Held for Future Distribution used Collection Account which are to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account remitted to Purchaser on any future a Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates Dates subsequent to the related Due Date. Period pursuant to the terms of this Agreement.
(2) The Servicer's obligation ’s obligations to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance Remittance Date prior to be nonrecoverable from the Remittance Date for the remittance of all Liquidation Proceeds, REO Disposition Proceeds and other payments or recoveries (including Insurance Proceeds or Insurance Proceeds Condemnation Proceeds) with respect to the applicable Mortgage Loan. In ; provided that such latter eventobligation shall cease if the Servicer furnishes to the Purchaser an Officers’ Certificate evidencing the determination by the Servicer in accordance with Section 6.04 that an advance with respect to such Mortgage Loan would constitute a Non-recoverable Advance.
(3) On the Business Day prior to the Remittance Date, the Servicer shall deliver deposit into the Collection Account payments on account of Prepayment Interest Shortfall Amount in an aggregate amount equal to the Owner an Officer's Certificate lesser of (i) the aggregate amount of Prepayment Interest Shortfall Amount for the related Remittance Date resulting solely from Principal Prepayments during the related Due Period, and (ii) the total amount of the Servicer servicing compensation that would be payable to the effect that an officer of Servicer if no Principal Prepayment was made during the Servicer has reviewed Due Period related to such Remittance Date. Such payments shall be deposited into the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanCollection Account.
Appears in 1 contract
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (PHH Mortgage Trust, Series 2008-Cim1)
Monthly Advances by the Servicer. (a) Not later than the close of business on the Business Day preceding each Monthly Remittance Date, the Servicer shall deposit in the Custodial Account an amount (the "Monthly Advance") equal to all payments not previously advanced by the Servicer, whether or Servicer of principal (due after the Cut-off Date) and interest at the Net Rate not deferred pursuant to Section 4.01, of Monthly Payments, adjusted allocable to the related period prior to the Cut-off Date, which were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on such Business Day whether or not deferred. In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Account that funds in such account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan due after the related Determination Due Period for the related Monthly Remittance Date; provided, however, that have been used by the amount Servicer in discharge of its obligation to make any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountMonthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the Custodial manner set forth above, in the Account no later than the close of business on any future the Business Day immediately preceding the next Monthly Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to the Owner distributed on such Monthly Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be entitled to be reimbursed from the total Account for all Monthly Advances of its own funds made pursuant to this Section as provided in Section 2.5.
(b) The obligation of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation Servicer to make such Monthly Advances as is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged REO Property, unless shall continue until a Final Recovery Determination in connection therewith; provided that, notwithstanding anything herein to the contrary, no Monthly Advance shall be required to be made hereunder by the Servicer deems if such advance to be nonrecoverable from Liquidation ProceedsMonthly Advance would, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter eventif made, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained constitute a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanNonrecoverable Advance.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Monthly Advances by the Servicer. Not later than Subject to the close conditions of business this Article V, the Servicer, as required below, shall make a Monthly Advance to the Certificate Account maintained by the Trustee, in the amount, if any, of the aggregate Monthly Payments less Prepayment Interest Shortfalls and Relief Act Shortfalls, after adjustment of the interest portion of each such Monthly Payment to the Mortgage Rate less the applicable Servicing Fee Rate, on the Business Day Mortgage Loans that were due on the Due Date but that were not received and remitted to the Certificate Account on or prior to the Servicer Advance Date. The Servicer shall be obligated to make any such Monthly Advance only to the extent that such advance, in the good faith judgment of the Servicer, will be recoverable by the Servicer from Insurance Proceeds, Liquidation Proceeds (less Liquidation Expenses), or otherwise on the related Mortgage Loan. On the Determination Date immediately preceding each Remittance the related Distribution Date, the Servicer shall deposit in determine whether and to what extent any Mortgagor has failed to make any Monthly Payment due on the Custodial Account an amount equal to all payments not previously Due Date and whether such deficiencies, if advanced by the Servicer, whether would be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses). If the Servicer shall have determined that it is not deferred pursuant obligated to Section 4.01make the entire Monthly Advance because all or a lesser portion of such Monthly Advance would not be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses), of Monthly Paymentsthe Servicer shall deliver to the Trustee, adjusted not less than two Business Days prior to the related Distribution Date, for the benefit of the Certificateholders [and the Insurer], an Officers' Certificate setting forth the reasons for such determination. In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Custodial Account that funds in such account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan Remittance Rate, which are delinquent at the close of business on due after the related Determination Date; providedDue Period, however, that in excess of the Available Distribution Amount (less the amount of such Monthly Advance) for the related Distribution Date have been used by the Servicer in discharge of its obligation to make any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountMonthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the manner set forth above, in the Custodial Account on any future Remittance no later than the Servicer Advance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to distributed on the Owner on such Remittance related Distribution Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be the total of the amounts held in entitled to be reimbursed from the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such for all Monthly Advances of its own funds made pursuant to this Section as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanprovided in Section 3.09.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Monthly Advances by the Servicer. (1) Not later than the close of business on the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Collection Account an amount equal to all payments Monthly Payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Servicer (with interest adjusted to the related Remittance Rate) that were due on a Mortgage Loan Remittance Rate, which are and delinquent at the close of business on the related Determination Date. The Servicer may reduce the total amount to be deposited in the Collection Account as required by the foregoing sentence by the amount of funds in the Collection Account which represent Prepaid Monthly Payments; provided, however, that after any Pass-Through Transfer, the amount Servicer or its parent must meet the criteria of the Rating Agencies at the time that the Servicer proposes to use Prepaid Monthly Payments for the making of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial Account. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances shall be replaced by the Servicer by deposit into the Custodial Account on any future Remittance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on from such Remittance Date are less than the amount of payments required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of funds.
(i2) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation obligations to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the Servicer deems such advance Remittance Date prior to be nonrecoverable from the Remittance Date for the remittance of all Liquidation Proceeds, REO Disposition Proceeds and other payments or recoveries (including Insurance Proceeds or Insurance Proceeds Condemnation Proceeds) with respect to the applicable Mortgage Loan. In ; provided that such latter eventobligation shall cease if the Servicer furnishes to the Purchaser an Officers' Certificate evidencing the determination by the Servicer in accordance with Section 6.04 that an advance with respect to such Mortgage Loan would constitute a Non-recoverable Advance.
(3) On the Business Day prior to the Remittance Date, the Servicer shall deliver deposit into the Collection Account payments on account of Prepayment Interest Shortfall Amount in an aggregate amount equal to the Owner an Officer's Certificate lesser of (i) the aggregate amount of Prepayment Interest Shortfall Amount for the related Remittance Date resulting solely from Principal Prepayments during the related Due Period, and (ii) the total amount of the Servicer servicing compensation that would be payable to the effect that an officer of Servicer if no Principal Prepayment was made during the Servicer has reviewed Due Period related to such Remittance Date. Such payments shall be deposited into the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage LoanCollection Account.
Appears in 1 contract
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sunset Financial Resources Inc)
Monthly Advances by the Servicer. Not later than Subject to the close conditions of business this Article V, the Servicer, as required below, shall make a Monthly Advance to the Certificate Account maintained by the Trustee, in the amount, if any, of the aggregate Monthly Payments less Prepayment Interest Shortfalls and Relief Act Shortfalls, after adjustment of the interest portion of each such Monthly Payment to the Mortgage Rate less the applicable Servicing Fee Rate, on the Business Day Mortgage Loans that were due on the Due Date but that were not received and remitted to the Certificate Account on or prior to the Servicer Advance Date. The Servicer shall be obligated to make any such Monthly Advance only to the extent that such advance, in the good faith judgment of the Servicer, will be recoverable by the Servicer from Insurance Proceeds, Liquidation Proceeds (less Liquidation Expenses), or otherwise on the related Mortgage Loan. On the Determination Date immediately preceding each Remittance the related Distribution Date, the Servicer shall deposit in determine whether and to what extent any Mortgagor has failed to make any Monthly Payment due on the Custodial Account an amount equal to all payments not previously Due Date and whether such deficiencies, if advanced by the Servicer, whether would be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses). If the Servicer shall have determined that it is not deferred pursuant obligated to Section 4.01make the entire Monthly Advance because all or a lesser portion of such Monthly Advance would not be recoverable by the Servicer from related Insurance Proceeds or Liquidation Proceeds (net of Liquidation Expenses), of Monthly Paymentsthe Servicer shall deliver to the Trustee, adjusted not less than two Business Days prior to the related Distribution Date, for the benefit of the Certificateholders and the Insurer, an Officers' Certificate setting forth the reasons for such determination. In lieu of making all or a portion of any Monthly Advance, the Servicer may cause to be made an appropriate entry in its records relating to the Custodial Account that funds in such account, including but not limited to any amounts received in respect of scheduled principal and interest on any Mortgage Loan Remittance Rate, which are delinquent at the close of business on the related Determination Date; provided, however, that due aailable Distribution Amount (less the amount of such Monthly Advance) for the related Distribution Date have been used by the Servicer in discharge of its obligation to make any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountMonthly Advance. Any portion of the Amount Held for Future Distribution used to pay Monthly Advances funds so applied shall be replaced by the Servicer by deposit into deposit, in the manner set forth above, in the Custodial Account on any future Remittance no later than the Servicer Advance Date to the extent that the funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date date are less than the amount of payments amounts required to be made to distributed on the Owner on such Remittance related Distribution Date. The "Amount Held for Future Distribution" as to any Remittance Date Servicer shall be the total of the amounts held in entitled to be reimbursed from the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such for all Monthly Advances of its own funds made pursuant to this Section as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanprovided in Section 3.09.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Monthly Advances by the Servicer. Not later than the close of business on the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Account from its own funds or from amounts held for future distribution an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, adjusted principal (due after the Cut-off Date) and interest not allocable to the related period prior to the Cut-off Date, at the Mortgage Loan Remittance Rate, Rate which are were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the related immediately preceding Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountDate or which were deferred pursuant to Section 4.
01. Any portion of the Amount Held amounts held for Future Distribution future distribution and so used to pay Monthly Advances shall be replaced by the Servicer by deposit into in the Custodial Account on or before any future Remittance Date to the extent that the if funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are shall be less than payments to the amount of payments Owner required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Monthly Advances is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Mortgage Loan or REO Property, will continue until a Final Recovery Determination in connection therewith, or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (including REO Disposition Proceeds, Insurance Proceeds and Condemnation Proceeds) with respect to the Mortgage Loan; provided, however, that such obligation shall cease if the Servicer determines, in its sole reasonable opinion, that advances with respect to such Mortgage Loan are Nonrecoverable Monthly Advances. In the event that the Servicer determines that any such advances is a Nonrecoverable Monthly Advance, the Servicer shall provide the Owner with an Officer's Certificate signed by an authorized officer of the Servicer evidencing such determination. The Servicer shall not have an obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation of the Mortgaged Property, unless the Servicer deems such advance to be nonrecoverable from Liquidation Proceeds, REO Disposition Proceeds or Insurance Proceeds with respect to the applicable Mortgage Loan. In such latter event, the Servicer shall deliver shortfalls relating to the Owner an Officer's Certificate of the Servicer to the effect that an officer of the Servicer has reviewed the related Servicing File Servicemembers Civil Relief Act or similar state and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanlocal laws.
Appears in 1 contract
Samples: Servicing Agreement (HSI Asset Loan Obligation Trust 2006-2)
Monthly Advances by the Servicer. Not later than the close of business on On the Business Day immediately preceding each Remittance Date, the Servicer shall deposit in the Custodial Account from its own funds or from amounts held for future distribution an amount equal to all payments not previously advanced by the Servicer, whether or not deferred pursuant to Section 4.01, of Monthly Payments, Payments (with interest adjusted to the related Mortgage Loan Remittance Rate, ) which are were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of business on the related immediately preceding Determination Date; provided, however, that the amount of any such deposit may be reduced by the Amount Held for Future Distribution (as defined below) then on deposit in the Custodial AccountDate or which were deferred pursuant to Section 4.
01. Any portion of the Amount Held amounts held for Future Distribution future distribution and so used to pay Monthly Advances shall be replaced by the Servicer by deposit into in the Custodial Account on or before any future Remittance Date to the extent that the if funds that are available in the Custodial Account for remittance to the Owner on such Remittance Date are shall be less than payments to the amount of payments Owner required to be made to the Owner on such Remittance Date. The "Amount Held for Future Distribution" as to any Remittance Date shall be the total of the amounts held in the Custodial Account at the close of business on the preceding Determination Date which were received after the Cut-off Date on account of (i) Liquidation Proceeds, Insurance Proceeds, and Principal Prepayments received or made in the month of such Remittance Date, and (ii) payments which represent early receipt of scheduled payments of principal and interest due on a date or dates subsequent to the related Due Date. The Servicer's obligation to make such Monthly Advances as to any Mortgage Loan will continue through the final disposition or liquidation last Monthly Payment due prior to the payment in full of the Mortgaged PropertyMortgage Loan, unless or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (including REO Disposition Proceeds, Insurance Proceeds and Condemnation Proceeds) with respect to the Mortgage Loan; provided, however, that such obligation shall cease if the Servicer deems determines, in its sole reasonable opinion, that advances with respect to such advance to be nonrecoverable Mortgage Loan are non-recoverable by the Servicer from Liquidation Proceeds, REO Disposition Proceeds Insurance Proceeds, Condemnation Proceeds, or Insurance Proceeds otherwise with respect to the applicable a particular Mortgage Loan. In the event that the Servicer determines that any such latter eventadvances are non-recoverable, the Servicer shall deliver to provide the Owner an Officer's Certificate of the Servicer to the effect that with a certificate signed by an officer of the Servicer has reviewed the related Servicing File and has obtained a recent appraisal and has made the reasonable determination that any additional advances are nonrecoverable from Liquidation or Insurance Proceeds with respect to the applicable Mortgage Loanevidencing such determination.
Appears in 1 contract