Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 70 contracts
Samples: Pooling and Servicing Agreement (Boardwalk Mortgage Securities Inc.), Pooling and Servicing Agreement (Ameriquest Mortgage Sec Inc Asset Bk Pas THR Cert Se 2004 R3), Pooling and Servicing Agreement (Ameriquest Mortgage Sec Inc Asset/Pass Thru Cert 2003-Ia1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirement shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 58 contracts
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-6), Servicing Agreement (Structured Asset Securities Corp Mo Pa Th Ce Ser 2003-25xs), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-7)
Payment of Taxes, Insurance and Other Charges. With respect to each escrowed Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of the same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the With respect to non-escrowed Mortgage does not provide for Escrow PaymentsLoans, the Master Servicer shall use reasonable efforts consistent with the employ Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they are first to become due and shall to ensure that the Mortgaged Property is not lost subjected to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured. The Servicer shall advance its funds to effect payments on any such delinquent payments to avoid lapse of insurance coverage on the Mortgage Property or to avoid the sale or other loss of the Mortgaged Property to a tax lien. Such advances made by the Servicer shall be considered Servicing Advances subject to reimbursement pursuant to Section 3.04 herein.
Appears in 45 contracts
Samples: Subservicing Agreement (Structured Adjustable Rate Mortgage Loan Trust 2005-6xs), Subservicing Agreement (Sasco 2006-Bc4), Subservicing Agreement (Sasco 2006-Bc2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the With regard to Non-Escrow Mortgage does not provide for Escrow PaymentsLoans, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 44 contracts
Samples: Master Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-11h), Assignment and Assumption Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h), Assignment and Assumption Agreement (Structured Asset Securities Corp 2004-18h)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan which provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of the LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirements shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 37 contracts
Samples: Servicing Agreement (Sasco 2006-S3), Servicing Agreement (Structured Asset Investment Loan Trust 2005-2), Servicing Agreement (BNC Mortgage Loan Trust 2006-1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirement shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 37 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass THR Cert Ser 2002), Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cer Se 2002-2), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage or Applicable Regulationsdoes not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor at the time they first become due. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments. To the extent ; provided, however, that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard not be required to determine that make an advance of its own funds for any such payments are made if such advance would, if made, be, in the Servicer's reasonable judgment, non-recoverable from future recoveries in respect of the Mortgage Loan or Mortgaged Property. The determination by the Mortgagor at Servicer that any advance of funds is or would be non-recoverable shall be evidenced by an Officer's Certificate of the time they first become due and shall ensure that Servicer delivered to the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredMaster Servicer.
Appears in 36 contracts
Samples: Correspondent Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-22), Correspondent Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 26a), Correspondent Servicing Agreement (Structured Asset Securities Corp)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirement shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 36 contracts
Samples: Servicing Agreement (Lehman Mortgage Trust 2007-2), Servicing Agreement (Lehman Mortgage Trust 2007-10), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-7)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirement shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make Servicing Advances to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 35 contracts
Samples: Servicing Agreement (Lehman XS 2006-13), Servicing Agreement (Lehman XS Trust 2007-11), Servicing Agreement (Lehman XS Trust Series 2005-1)
Payment of Taxes, Insurance and Other Charges. With respect to each escrowed Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the With respect to non-escrowed Mortgage does not provide for Escrow PaymentsLoans, the Master Servicer shall use reasonable efforts consistent with the employ Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they are first to become due and shall to ensure that the Mortgaged Property is not lost subjected to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured. The Servicer shall advance its funds to effect payments on any such delinquent payments to avoid lapse of insurance coverage on the Mortgage Property or to avoid the sale or other loss of the Mortgaged Property to a tax lien. Such advances made by the Servicer shall be considered Servicing Advances subject to reimbursement pursuant to Section 3.04 herein.
Appears in 29 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc8), Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc9), Servicing Agreement (Structured Asset Inv Loan Mort Pass THR Certs Ser 2003-Bc6)
Payment of Taxes, Insurance and Other Charges. With respect to each Escrow Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and Property, the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and and, shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the With respect to Non-Escrow Mortgage does not provide for Escrow PaymentsLoans, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and that such Mortgage is not left uninsured and shall ensure that make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property is not lost or to avoid the sale or other loss of the Mortgage Property to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredlien. Such advances made by the Servicer shall be considered Servicing Advances subject to reimbursement pursuant to Section 3 herein.
Appears in 17 contracts
Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-16ax), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)
Payment of Taxes, Insurance and Other Charges. With respect to each Escrow Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and Property, the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and and, shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the With respect to Non-Escrow Mortgage does not provide for Escrow PaymentsLoans, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and that such Mortgage is not left uninsured and shall ensure that make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property is not lost or to avoid the sale or other loss of the Mortgage Property to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredlien. Such advances made by the Servicer shall be considered Servicing Advances subject to reimbursement pursuant to Section 3 herein.
Appears in 15 contracts
Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-9sl), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, property taxes, assessments, water rates assessments and other charges which are or may become a lien upon the Mortgaged Property and the status of Primary Mortgage Insurance Policy premiums, if any, and fire and hazard insurance coverage andand flood insurance, all as to those required hereunder. If a Mortgage Loans subject to a voluntary escrow agreementLoan requires Escrow Payments, the Servicer shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at in a time appropriate for securing maximum discounts allowablemanner consistent with Acceptable Servicing Procedures, employing for such purpose Mortgagor deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsAccount. The Master Servicer assumes full responsibility shall, with respect to each Mortgage Loan for which Escrow Payments are maintained, conduct an escrow analysis in accordance with industry standard procedures. If a Mortgage Loan does not require Escrow Payments, or if there are insufficient funds in the related Escrow Account, the Servicer shall cause all such bills to be paid on a timely basis and shall from its own funds, if necessary, make a Servicing Advance to make timely payment of all such bills bills. The Servicer shall monitor the payment status of such charges (including renewal premiums) by the related Mortgagor, and shall effect timely payments payment thereof in a manner consistent with Acceptable Servicing Procedures, and in all events prior to the foreclosure of all any lien against the Mortgaged Property resulting from non-payment of such bills irrespective property taxes, assessments and other charges and prior to the termination of any such insurance coverage. No costs incurred by the Mortgagor's faithful performance Servicer in effecting the payment of same or taxes and assessments on the making Mortgaged Properties shall, for the purpose of calculating remittances to the Escrow Payments and shall make Servicing Advances from its own funds Owner, be added to effect such payments. To the extent amount owing under the related Mortgage Loans, notwithstanding that the terms of such Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredLoans so permit.
Appears in 14 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-10f), Servicing Agreement (GSR Mortgage Loan Trust 2006-Oa1), Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentsMortgage. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer Company shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due due. The Company assumes full responsibility for the timely payment of all such bills and shall ensure effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, and the Company shall make advances from its own funds to effect such payments; provided, that the Mortgaged Property Seller shall not be required to make any Nonrecoverable Advance. In the event that the Seller determines that any advance would be a Nonrecoverable Advance, the Seller shall promptly deliver to the Purchaser notification of such determination, accompanies by an officer’s certificate of the Seller setting forth the reason such advance is not lost determined to be nonrecoverable. Upon liquidations of a tax lien as a result of nonpayment and that Mortgage Loan, if the Liquidation Proceeds are insufficient to reimburse the Seller for any Nonrecoverable Advances made, the Purchaser shall reimburse the Seller for such Mortgaged Property is not left uninsuredshortfall.
Appears in 14 contracts
Samples: Warranties and Servicing Agreement (Lehman XS Trust Series 2006-12n), Warranties and Servicing Agreement (Lehman XS Trust Series 2006-16n), Warranties and Servicing Agreement (Lehman XS Trust Series 2007-12n)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy or LPMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer Company shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due and due. The Company shall ensure make advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. Advances pursuant to this Section 4.08 shall constitute Servicing Advances hereunder; provided that the Company shall be required to so advance only to the extent that the Company, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. The costs incurred by the Company, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Property is Properties and related insurance premiums shall not lost be added to a tax lien as a result the Stated Principal Balances of nonpayment and the related Mortgage Loans, notwithstanding that the terms of such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 13 contracts
Samples: Assumption and Recognition Agreement (Banc of America Funding 2006-3 Trust), Assumption and Recognition Agreement (Banc of America Funding 2006-H Trust), Assignment, Assumption and Recognition Agreement (Banc of America Funding 2006-2 Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of the LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirements shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 13 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003-Bc13), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc10)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentsMortgage. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer Company shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due due. The Company assumes full responsibility for the timely payment of all such bills and shall ensure effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments, and the Company shall make advances from its own funds to effect such payments; provided, that the Mortgaged Property Seller shall not be required to make any Nonrecoverable Advance. In the event that the Seller determines that any advance would be a Nonrecoverable Advance, the Seller shall promptly deliver to the Purchaser notification of such determination, accompanies by an officer's certificate of the Seller setting forth the reason such advance is not lost determined to be nonrecoverable. Upon liquidations of a tax lien as a result of nonpayment and that Mortgage Loan, if the Liquidation Proceeds are insufficient to reimburse the Seller for any Nonrecoverable Advances made, the Purchaser shall reimburse the Seller for such Mortgaged Property is not left uninsuredshortfall.
Appears in 12 contracts
Samples: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2001 19), Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Warranties and Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 26a)
Payment of Taxes, Insurance and Other Charges. With respect to each Non-Agency Mortgage LoanLoan that is a First Lien Mortgage Loan requiring Escrow Payments to be made by the related Mortgagor, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums, flood insurance, and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the related Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the related Mortgage. To the extent that any Non-Agency Mortgage or Applicable RegulationsLoan is a First Lien Mortgage Loan that does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the related Mortgagor when due. The Master With respect to each Non-Agency Mortgage Loan that is a First Lien Mortgage Loan requiring Escrow Payments to be made by the related Mortgagor, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentspayments within the time period required to avoid penalties and interest and avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien. To Notwithstanding the extent foregoing, if Servicer reasonably determines that the such Servicing Advance would be a Nonrecoverable Advance, Servicer shall have no obligation to make such Servicing Advance. Solely with respect to Non-Agency Mortgage does not provide for Loans that require Escrow Payments, if Servicer fails to make a Servicing Advance with respect to any payment prior to the Master date on which late payment penalties or costs related to protecting the lien accrue, the Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that pay any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredpenalties or costs which accrued.
Appears in 11 contracts
Samples: Flow Servicing Agreement (PennyMac Financial Services, Inc.), Flow Servicing Agreement (PennyMac Mortgage Investment Trust), Flow Servicing Agreement (PennyMac Financial Services, Inc.)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W2), Pooling and Servicing Agreement (Park Place Securities Inc. Asset Backed Pass Through Certificates Series 2005-Whq3), Pooling and Servicing Agreement (Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting fire and hazard insurance coverage. With respect to each Mortgage Loan which is a first Mortgage Loan, or as to which the Servicer has advanced the outstanding principal balance of any Prior Lien pursuant to Section 5.14 or as to which the Servicer maintains escrow accounts, the Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of primary mortgage guaranty insurance premiums, if any, and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account any escrow account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master (provided, however, that to the extent the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from advances its own funds to effect funds, such paymentsadvances shall constitute "Servicing Advances"). To the extent that the a Mortgage does not provide for Escrow Paymentsescrow payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure due. Notwithstanding anything contained herein to the contrary, the Servicer may choose not to make the payments described above on a timely basis, provided that collections on the Mortgaged Property is related Mortgage Loan that are required to be remitted to the Trust Fund would not lost to a tax lien be reduced, as a result of nonpayment and such failure to timely pay, from the amount that such would otherwise be remitted to the Trust Fund; provided further, however, that this provision shall not have the effect of permitting the Servicer to take, or fail to take, any action in respect of the payments described herein that would adversely affect the interest of the Trust Fund in any Mortgaged Property is not left uninsuredProperty.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Money Store Trust 1996-D), Pooling and Servicing Agreement (Money Store Trust 1996-C), Sub Servicing Agreement (TMS Mortgage Inc)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the With regard to Non-Escrow Mortgage does not provide for Escrow PaymentsLoans, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 8 contracts
Samples: Master Servicing Agreement (Structured Asset Securities Corp), Master Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h), Master Servicing Agreement (Structured Asset Securities Corp)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account (excluding the payment of LPMI Policy premiums, which are to be paid from the Servicer’s own funds without reimbursement) which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same same, irrespective of whether the Mortgage Loan provides for Escrow Payments or the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments. To payments and such amounts shall not be added to the extent unpaid principal balance of the related Mortgage Loan, notwithstanding that the terms of the Mortgage does not provide Loan so permit. The obligation of the Servicer to make such Servicing Advances is mandatory, notwithstanding any other provision of this Agreement, and, with respect to any Mortgage Loan or REO Property, shall continue through the last Monthly Payment due prior to the payment in full of the Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for Escrow Paymentsthe distribution of all Liquidation Proceeds and other payments or recoveries (including REO Disposition Proceeds, Insurance Proceeds and Condemnation Proceeds) with respect to the Master Mortgage Loan; provided that, notwithstanding anything herein to the contrary, no Servicing Advance shall be required to be made hereunder by the Servicer shall use reasonable efforts consistent with if such Servicing Advance would, if made, constitute a nonrecoverable Servicing Advance. The determination by the Servicer that it has made a nonrecoverable Servicing Standard to determine Advance or that any such payments are made proposed Servicing Advance, if made, would constitute a nonrecoverable Servicing Advance, shall be evidenced by an Officers’ Certificate delivered to the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredPurchaser.
Appears in 8 contracts
Samples: Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust 2006-Ar9), Assignment, Assumption and Recognition Agreement (Bear Stearns ARM Trust 2007-2), Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust 2007-10)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, property taxes, assessments, water rates assessments and other charges charges, which are or may become a lien upon the related Mortgaged Property Property, the status of Primary Mortgage Insurance premiums, if any, and the status of fire and hazard insurance coverage andand flood insurance, all as to those required hereunder. If a Mortgage Loans subject to a voluntary escrow agreementLoan requires Escrow Payments, the Servicer shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at in a time appropriate for securing maximum discounts allowablemanner consistent with Acceptable Servicing Procedures, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. If a Mortgage Loan does not require Escrow Payments, or Applicable Regulations. The Master if there are insufficient funds in the related Escrow Account, the Servicer assumes full responsibility shall cause all such bills to be paid on a timely basis and shall from its own funds (if necessary) make a Servicing Advance for the timely payment of all such bills and bills. The Servicer shall monitor the payment status of such charges (including renewal premiums) by the related Mortgagor. The Servicer shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts charges in a manner consistent with Acceptable Servicing Procedures and, in all events, prior to the Servicing Standard to determine that foreclosure of any such payments are made by the Mortgagor at the time they first become due and shall ensure that lien against the Mortgaged Property is not lost resulting from non-payment of such property taxes, assessments and other charges and prior to a tax lien as a result the termination of nonpayment and that any such Mortgaged Property is not left uninsuredinsurance coverage.
Appears in 6 contracts
Samples: Servicing Agreement (Banc of America Funding Corp), Servicing Agreement (Banc of America Funding 2006-6 Trust), Servicing Agreement (Banc of America Funding 2006-5 Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such payments. To , which advances shall constitute Servicing Advances hereunder; provided that the Company shall be required to so advance only to the extent that the Mortgage does not provide for Escrow PaymentsCompany, the Master Servicer shall use reasonable efforts consistent with in its good faith judgment, believes the Servicing Standard Advance to determine that any such payments are made be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. The costs incurred by the Mortgagor at Company, if any, in effecting the time they first become due timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Stated Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Banc of America Funding 2006-D Trust), Sale and Servicing Agreement (Banc of America Funding 2006-H Trust), Sale and Servicing Agreement (Lares Asset Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. With respect to each First Lien Mortgage LoanLoan that provides for Escrow Payments to be made, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums, flood insurance, and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the related Mortgage. To the extent that any First Lien Mortgage or Applicable RegulationsLoan does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the related Mortgagor when due. The Master With respect to each First Lien Mortgage Loan that provides for Escrow Payments, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments within the time period required to avoid penalties and interest and avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien. Notwithstanding the foregoing, if Servicer reasonably determines that such Servicing Advance would be a Nonrecoverable Advance, Servicer shall have no obligation to make such Servicing Advance. Solely with respect to Mortgage Loans that require escrow payments. To , if Servicer fails to make a Servicing Advance with respect to any payment prior to the extent that date on which late payment penalties or costs related to protecting the Mortgage does not provide for Escrow Paymentslien accrue, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that pay any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredpenalties or costs which accrued.
Appears in 6 contracts
Samples: Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (Pennymac Financial Services, Inc.)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, property taxes, assessments, water rates assessments and other charges which that are or may become a lien upon the related Mortgaged Property Property, the status of Primary Mortgage Insurance premiums, if any, and the status of fire and hazard insurance coverage andand flood insurance, all as to those required hereunder. If a Mortgage Loans subject to a voluntary escrow agreementLoan requires Escrow Payments, the Servicer shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at in a time appropriate for securing maximum discounts allowablemanner consistent with Acceptable Servicing Procedures, employing for such purpose deposits of the Mortgagor in the Escrow Account which that shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. If a Mortgage Loan does not require Escrow Payments, or Applicable Regulations. The Master if there are insufficient funds in the related Escrow Account, the Servicer assumes full responsibility shall cause all such bills to be paid on a timely basis and shall from its own funds (if necessary) make a Servicing Advance for the timely payment of all such bills and bills. The Servicer shall monitor the payment status of such charges (including renewal premiums) by the related Mortgagor. The Servicer shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts charges in a manner consistent with Acceptable Servicing Procedures and, in all events, prior to the Servicing Standard to determine that foreclosure of any such payments are made by the Mortgagor at the time they first become due and shall ensure that lien against the Mortgaged Property is not lost resulting from non-payment of such property taxes, assessments and other charges and prior to the termination of any such insurance coverage. Notwithstanding anything herein to the contrary, if a tax lien as a result of nonpayment is imposed on the Mortgaged Property and that the taxing authority forecloses on such Mortgaged Property is not left uninsuredProperty, the Servicer shall indemnify the Owner in accordance with the provisions of Section 5.1 of this Agreement.
Appears in 6 contracts
Samples: Servicing Agreement (Lehman Mortgage Trust 2007-3), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the related Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such payments. To , which advances shall constitute Servicing Advances hereunder; provided that the Company shall be required to so advance only to the extent that the Mortgage does not provide for Escrow PaymentsCompany, the Master Servicer shall use reasonable efforts consistent with in its good faith judgment, believes the Servicing Standard Advance to determine that any such payments are made be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. The costs incurred by the Mortgagor at Company, if any, in effecting the time they first become due timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Stated Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Banc of America Funding 2006-3 Trust), Sale and Servicing Agreement (Banc of America Funding 2006-5 Trust), Sale and Servicing Agreement (Banc of America Funding 2006-2 Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy or LPMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer Company shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due and due. The Company shall ensure make advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. Advances pursuant to this Section 4.08 shall constitute Servicing Advances hereunder; provided that the Company shall be required to so advance only to the extent that the Company, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. The costs incurred by the Company, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Property is Properties and related insurance premiums shall not lost be added to a tax lien as a result the Stated Principal Balances of nonpayment and the related Mortgage Loans, notwithstanding that the terms of such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 6 contracts
Samples: And Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), And Servicing Agreement (GSR Mortgage Loan Trust 2007-3f), Assignment, Assumption and Recognition Agreement (Thornburg Mortgage Securities Trust 2006-1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Purchaser shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of private mortgage guaranty insurance premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Purchaser in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable law. The Master Servicer To the extent that a Mortgage does not provide for Escrow Payments, Purchaser shall determine that any such payments are made by the Mortgagor at the time they first become due. Purchaser assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To The Purchaser shall maintain in full force and effect, a Primary Insurance Policy, issued by a Qualified Insurer, with respect to each Mortgage Loan for which such coverage is required. Such coverage shall be maintained until the extent Loan-to-Value Ratio of the related Mortgage Loan is reduced to that amount for which Xxxxxx Xxx no longer requires such insurance to be maintained. The Purchaser will not cancel or refuse to renew any Primary Insurance Policy in effect on the Mortgage does related Transfer Date that is required to be kept in force under this Agreement unless a replacement Primary Insurance Policy for such cancelled or non- renewed policy is obtained from and maintained with a Qualified Insurer. The Purchaser shall not provide take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for Escrow Paymentsthe actions of the Purchaser, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to this Exhibit, the Master Servicer Purchaser shall use reasonable efforts consistent promptly notify the insurer under the related Primary Insurance Policy of such assumption or substitution of liability in accordance with the Servicing Standard to determine that any terms of such payments are made by the Mortgagor at the time they first become due policy and shall ensure that take all actions which may be required by such insurer as a condition to the Mortgaged Property continuation of coverage under the Primary Insurance Policy. If such Primary Insurance Policy is not lost to a tax lien terminated as a result of nonpayment such assumption or substitution of liability, the Purchaser shall obtain a replacement Primary Insurance Policy as provided above. In connection with its activities as servicer, the Purchaser agrees to prepare and that present, on behalf of itself, and the Seller, claims to the insurer under any Primary Insurance Policy in a timely fashion in accordance with the terms of such Mortgaged Property is not left uninsuredpolicies and, in this regard, to take such action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a defaulted Mortgage Loan. Any amounts collected by the Purchaser under any Primary Insurance Policy shall be deposited in the related Custodial Account, subject to withdrawal pursuant to this Exhibit.
Appears in 5 contracts
Samples: Interim Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A1), Interim Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4), Interim Servicing Agreement (Merrill Lynch Investors Trust, Series 2006-A2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting fire and hazard insurance coverage. With respect to each Mortgage Loan which is a first Mortgage Loan, or as to which the Servicer has advanced the outstanding principal balance of any Prior Lien pursuant to Section 4.14 or as to which the Servicer maintains escrow accounts, the Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of primary mortgage guaranty insurance premiums, if any, and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor Obligor in the Escrow Account any escrow account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master (provided, however, that to the extent the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from advances its own funds to effect funds, such paymentsadvances shall constitute "Servicing Advances"). To the extent that the a Mortgage does not provide for Escrow Paymentsescrow payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor Obligor at the time they first become due and shall ensure due. Notwithstanding anything contained herein to the contrary, the Servicer may choose not to make the payments described above on a timely basis, provided that collections on the Mortgaged Property is related Mortgage Loan that are required to be remitted to the Trust would not lost to a tax lien be reduced, as a result of nonpayment and such failure to timely pay, from the amount that such would otherwise be remitted to the Trust; provided further, however, that this provision shall not have the effect of permitting the Servicer to take, or fail to take, any action in respect of the payments described herein that would adversely affect the interest of the Trust in any Mortgaged Property is not left uninsuredProperty.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that any Mortgage or Applicable RegulationsLoan does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor. The Master With respect to each Mortgage Loan, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentspayments within the time period required to avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien. To Notwithstanding the extent foregoing, if the Servicer reasonably determines that the Mortgage does not provide for Escrow Paymentssuch Servicing Advance would be a Nonrecoverable Advance, the Master Servicer shall use reasonable efforts consistent have no obligation to make such Servicing Advance. If Servicer fails to make a Servicing Advance with respect to any payment prior to the Servicing Standard date on which any late payment penalties or costs related to determine that protecting the lien accrue, the Servicer shall pay any such payments are made by the Mortgagor at penalties or costs within the time they first become due and shall ensure that period required to avoid the loss of the related Mortgaged Property is not lost to by foreclosure from a tax lien as a result of nonpayment and or other lien; provided, however, that if the Servicer reasonably determines that such Mortgaged Property is not left uninsuredServicing Advance would be a Nonrecoverable Advance, the Servicer shall have no obligation to make such Servicing Advance.
Appears in 5 contracts
Samples: Flow Servicing Agreement (GSR Mortgage Loan Trust 2006-3f), Flow Servicing Agreement (GSR 2006-5f), Flow Servicing Agreement (GSR Mortgage Loan Trust 2006-2f)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges for which are or may become a lien upon the Mortgaged Property an escrow is maintained and the status of Primary Insurance Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable law. To the extent that a Mortgage does not provide for Escrow Payments, or the Servicer has waived the escrow of Escrow Payments or the Servicer is prohibited by applicable state law from requiring the escrow of Escrow Payments, the Servicer shall use commercially reasonable efforts to seek to determine that any such payments are made by the Mortgagor. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard subject to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost reimbursement pursuant to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredSection 4.07 hereof.
Appears in 5 contracts
Samples: Loan Servicing Agreement (Sequoia Mortgage Trust 2007-3), Loan Servicing Agreement (Sequoia Mortgage Trust 2007-1), Loan Servicing Agreement (Sequoia Residential Funding Inc)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy or LPMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due and due. The Servicer shall ensure make advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. Advances pursuant to this Section 4.08 shall constitute Servicing Advances hereunder; provided that the Servicer shall be required to so advance only to the extent that the Servicer, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. The Servicing Advances and the costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Property is Properties and related insurance premiums shall not lost be added to a tax lien as a result the Stated Principal Balances of nonpayment and the related Mortgage Loans, notwithstanding that the terms of such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 5 contracts
Samples: Servicing Agreement (Banc of America Funding 2006-5 Trust), Servicing Agreement (Banc of America Funding 2007-2 Trust), Servicing Agreement (Banc of America Funding 2006-8t2 Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan which provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of the same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the With respect to non-escrowed Mortgage does not provide for Escrow PaymentsLoans, the Master Servicer shall use reasonable efforts consistent with the employ Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they are first to become due and shall to ensure that the Mortgaged Property is not lost subjected to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured. The Servicer shall advance its funds to effect payments on any such delinquent payments to avoid lapse of insurance coverage on the Mortgage Property or to avoid the sale or other loss of the Mortgaged Property to a tax lien. Such advances made by the Servicer shall be considered Servicing Advances subject to reimbursement pursuant to Section 3.04 herein.
Appears in 5 contracts
Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2004-6), Servicing Agreement (Structured Asset Investment Loan Trust 2004-8), Subservicing Agreement (Structured Asset Investment Loan Trust 2004-Bnc2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of the LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirements shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 5 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp 2006-S1), Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel3), Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Seller shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage or Applicable Regulationsdoes not provide for Escrow Payments, the Seller shall determine whether any such payments are made by the Mortgagor at the time they first become due. The Master Servicer Seller assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Seller shall make Servicing Advances from its own funds to effect such payments. To payments within such time period as will avoid the extent that loss of the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the related Mortgaged Property is not lost to by foreclosure of a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredor other lien.
Appears in 4 contracts
Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2006-Aa2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates taxes and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Argent Securities Trust 2006-M1), Pooling and Servicing Agreement (Ameriquest Mortgage Securities Trust 2006-R1, Asset-Backed Pass-Through Certificates, Series 2006-R1), Pooling and Servicing Agreement (Argent Securities Inc. Series 2006-W3 Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Seller shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property or Cooperative Unit, as applicable, and the status of PMI Policy premiums, fire and hazard insurance coverage andcoverage, as to those Mortgage Loans subject to a voluntary escrow agreement, and Cooperative Corporation assessments and charges and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentsMortgage. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer Seller shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due due. The Seller assumes full responsibility for the timely payment of all such bills and shall ensure that effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the Mortgaged Property is not lost payment of same or the making of the Escrow Payments, and the Seller shall make advances from its own funds to a tax lien as a result of nonpayment and that effect such Mortgaged Property is not left uninsuredpayments.
Appears in 3 contracts
Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cer Se 2002-2), Flow Interim Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Flow Interim Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Securitized Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To ; provided, however, with respect to Securitized Loans for which Escrow Payments are not required to be paid by the extent that the Mortgage does not provide for Escrow Paymentsrelated Mortgagor, the Master Servicer shall use reasonable efforts consistent with not be responsible to effect the Servicing Standard to determine related payments until receipt of notice that any such payments are made by the Mortgagor at the time they first become due and past due. The Servicer shall employ Accepted Servicing Practices to ensure that the related Mortgaged Property is not lost subjected to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 3 contracts
Samples: Servicing Agreement (MASTR Alternative Loan Trust 2006-3), Servicing Agreement (MASTR Alternative Loan Trust 2006-1), Servicing Agreement (MASTR Asset Securitization Trust 2006-3)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, Seller or the Master Servicer Subservicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates, sewer rates and other charges which are or may become a lien upon the Mortgaged Property and the status of private mortgage guaranty insurance premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable law. The Master Servicer To the extent that a Mortgage does not provide for Escrow Payments, Seller shall determine that any such payments are made by the Mortgagor at the time they first become due. Seller assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 3 contracts
Samples: Flow Mortgage Loan Purchase and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-15), Purchase and Servicing Agreement (Lehman Sarm 2005-5), Purchase and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments and with respect to each REO Property, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property or REO Property and the status of PMI Policy premiums, flood insurance premiums (if applicable), and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) (“Property Charges”) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose (i) with respect to the related Mortgage Loans, deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposespurposes or (ii) with respect to the related REO Properties, as allowed under the terms of the Mortgage or Applicable RegulationsServicing Advances. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Payments. Any Servicing Advances from its own funds or Expenses to effect payments of such paymentscharges are reimbursable in accordance with the terms of this Agreement. To the extent that the a Mortgage Loan does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent make a Servicing Advance from its own funds to effect payment of all Property Charges upon receipt of notice of any failure to pay on the part of the Mortgagor, or at such other time as Servicer determines to be in the best interest of the applicable Owner unless Servicer reasonably believes that an advance pursuant to this or any other section will be a Nonrecoverable Advance, provided that, in any event Servicer shall pay such charges on or before the earlier of (i) any date by which payment is necessary to preserve the lien status of the Mortgage or (ii) the date by which is the earlier of (A) ninety (90) days after the date on which such charges first became due and (B) payment is required in order to avoid the accrual of penalties or fees with respect to non-payment of such Property Charges. Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge, without reimbursement, caused by Servicer’s action or inaction. If the Servicing Standard Escrow Payment would constitute a Nonrecoverable Advance, Servicer will not, unless otherwise directed by the related Owner, be obligated to determine make such advance. The determination by the Servicer that it has made a Nonrecoverable Advance or that any such payments are made proposed advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by an Officer’s Certificate delivered to the applicable Owner on the next distribution report provided by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredServicer.
Appears in 3 contracts
Samples: Loan Servicing Agreement (Franklin Credit Management Corp), Loan Servicing Agreement (Franklin Credit Holding Corp/De/), Loan Servicing Agreement (Franklin Credit Holding Corp/De/)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments, which advances shall constitute Servicing Advances hereunder; provided that the Servicer shall be required to so advance only to the extent that the Servicer, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due due. The Servicer shall make advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. The costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Scheduled Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.), Pooling and Servicing Agreement (First NLC Securitization, Inc.), Pooling and Servicing Agreement (FBR Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirement shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments make Servicing Advances of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make Servicing Advances to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-16xs), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-9xs)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Seller shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Seller assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Seller shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the a Mortgage Loan does not provide for Escrow Payments, the Master Servicer Seller shall use reasonable efforts consistent with make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure to pay on the Servicing Standard part of the Mortgagor, or at such other time as the Seller determines to determine be in the best interest of the Purchaser, provided, that in any event the Seller shall pay such payments are made charges on or before the earlier of (a) any date by which payment is necessary to preserve the Mortgagor at lien status of the time they Mortgage or (b) the date which is ninety days after the date on which such charges first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredbecame due.
Appears in 3 contracts
Samples: Flow Interim Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2), Flow Interim Servicing Agreement (Lehman XS Trust Series 2007-15n), Flow Interim Servicing Agreement (Lehman XS Trust Series 2007-12n)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of the LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirements shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc1), Servicing Agreement (Structured Asset Sec Corp Pass THR Cert Ser 2002 Bc3), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc2)
Payment of Taxes, Insurance and Other Charges. With respect to each first lien Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer (i) shall use reasonable efforts consistent with the Servicing Standard to determine that whether any such payments are made by the Mortgagor in a manner and at a time that is necessary to avoid the time they first become due and shall ensure that loss of the Mortgaged Property is not lost due to a tax lien sale or the foreclosure as a result of nonpayment a tax lien and (ii) shall ensure that such all insurance required to be maintained on the Mortgaged Property pursuant to this Agreement is maintained. If any such payment has not left uninsuredbeen made and the Servicer receives notice of a tax lien with respect to the Mortgage Loan being imposed, the Servicer will, to the extent required to avoid loss of the Mortgaged Property, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-Wll1), Pooling and Servicing Agreement (GE-WMC Mortgage Securities, L.L.C.), Pooling and Servicing Agreement (GE-WMC Mortgage Securities, L.L.C.)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges for which are or may become a lien upon the Mortgaged Property an escrow is maintained and the status of Primary Insurance Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable law. To the extent that a Mortgage does not provide for Escrow Payments, or the Company has waived the escrow of Escrow Payments or the Company is prohibited by applicable state law from requiring the escrow of Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To The costs incurred by the extent Company, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall not be added to the Assumed Principal Balances of the related Mortgage Loans, notwithstanding that the terms of such Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredLoans so permit.
Appears in 2 contracts
Samples: Master Flow Sale and Servicing Agreement (Banc of America Funding 2007-4 Trust), Master Flow Sale and Servicing Agreement (Banc of America Funding 2007-3 Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of Primary Insurance Policy and LPMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (charges, including insurance renewal premiums) premiums and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage and applicable law. To the extent that the Mortgage does not provide for Escrow Payments, the Servicer shall upon notice of default ensure that any such payments are made by the Mortgagor or Applicable Regulationsby the Seller. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To The Seller shall maintain in full force and effect, a Primary Insurance Policy, issued by a Qualified Insurer, with respect to each Mortgage Loan for which such coverage is required. Such coverage shall be maintained until the extent Loan-to-Value Ratio of the related Mortgage Loan is reduced to that amount for which the Mortgage does Home Owners Protection Act no longer requires such insurance to be maintained. The Seller will not provide cancel or refuse to renew any Primary Insurance Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement Primary Insurance Policy or LPMI Policy for Escrow Paymentssuch cancelled or non- renewed policy is obtained from and maintained with a Qualified Insurer. The Seller shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy or LPMI Policy of any loss which, but for the actions of the Seller, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Subsection 11.19, the Master Servicer Seller shall use reasonable efforts consistent promptly notify the insurer under the related Primary Insurance Policy, if any, of such assumption or substitution of liability in accordance with the Servicing Standard to determine that any terms of such payments are made by the Mortgagor at the time they first become due policy and shall ensure that take all actions which may be required by such insurer as a condition to the Mortgaged Property continuation of coverage under the Primary Insurance Policy or LPMI Policy. If such Primary Insurance Policy is not lost to a tax lien terminated as a result of nonpayment such assumption or substitution of liability, the Seller shall obtain a replacement Primary Insurance Policy as provided above. In connection with its activities as servicer, the Seller agrees to prepare and that present, on behalf of itself, and the Purchaser, claims to the insurer under any Primary Insurance Policy or LPMI Policy in a timely fashion in accordance with the terms of such Mortgaged Property is not left uninsuredpolicies and, in this regard, to take such action as shall be necessary to permit recovery under any Primary Insurance Policy or LPMI Policy respecting a defaulted Mortgage Loan. Pursuant to Subsection 11.04, any amounts collected by the Seller under any Primary Insurance Policy or LPMI Policy shall be deposited in the Custodial Account, subject to withdrawal pursuant to Subsection 11.05.
Appears in 2 contracts
Samples: Assumption and Recognition Agreement (HSI Asset Loan Obligation Trust 2007-Ar1), Assumption and Recognition Agreement (HSI Asset Loan Obligation Trust 2006-2)
Payment of Taxes, Insurance and Other Charges. With respect to each First Lien Mortgage LoanLoan which provides for Escrow Payments to be made, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of Primary Insurance Policy premiums, flood insurance, and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that any First Lien Mortgage Loan does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor when due; provided that, the Servicer shall not make any Servicing Advance with respect to such Mortgage Loan except to the extent necessary to protect the lien priority of the related Mortgage Loan or Applicable Regulationsthe value of the related Mortgaged Property. The Master With respect to each First Lien Mortgage Loan that provides for Escrow Payments, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments within the time period required to avoid penalties and interest and avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien. Notwithstanding the foregoing, if Servicer reasonably determines that such Servicing Advance would be a Nonrecoverable Advance, Servicer shall have no obligation to make such Servicing Advance. Solely with respect to Mortgage Loans that require escrow payments. To , if Servicer fails to make a Servicing Advance with respect to any payment prior to the extent that date on which late payment penalties or costs related to protecting the Mortgage does not provide for Escrow Paymentslien accrue, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that pay any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredpenalties or costs which accrued.
Appears in 2 contracts
Samples: Flow Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Oa1), Flow Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirement shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make Servicing Advances to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust 2005-3xs), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-23xs)
Payment of Taxes, Insurance and Other Charges. With respect to each Participation Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirement shall be indicated on the Participation Mortgage Loan Schedule with respect to each applicable Participation Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Participation Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 2 contracts
Samples: Participation Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-18a), Participation Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2002-1a)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges for which are or may become a lien upon the Mortgaged Property an escrow is maintained and the status of Primary Insurance Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable law. To the extent that a Mortgage does not provide for Escrow Payments, or the Company has waived the escrow of Escrow Payments or the Company is prohibited by applicable state law from requiring the escrow of Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow PaymentsIn connection with its activities as servicer, the Master Servicer shall use reasonable efforts consistent Company agrees to prepare and present, on behalf of itself and the Owner, claims to the insurer under any Primary Insurance Policy in a timely fashion in accordance with the Servicing Standard terms of such Primary Insurance Policy and, in this regard, to determine that take such action as shall be necessary to permit recovery under any such payments are made Primary Insurance Policy collected by the Mortgagor at Company under any Primary Insurance Policy shall be deposited in the time they first become due and shall ensure that the Mortgaged Property is not lost Custodial Account, subject to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredwithdrawal pursuant to Section 4.05.
Appears in 2 contracts
Samples: Reconstituted Servicing Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1), Reconstituted Servicing Agreement (Luminent 2006-4)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Interim Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (charges, including insurance renewal premiums) premiums and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Interim Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsand applicable law. To the extent that the Mortgage does not provide for Escrow Payments, the Interim Servicer shall determine that any such payments are made by the Mortgagor at the time they first become due. The Master Interim Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To Upon the extent that termination of the Interim Servicing Period or the transfer of servicing with respect to any Mortgage does not provide for Escrow PaymentsLoan, the Master successor servicer shall reimburse the Interim Servicer shall use reasonable efforts consistent with for amounts the Servicing Standard Interim Servicer actually expended as interim servicer pursuant to determine that any such payments are made this Agreement for which the Interim Servicer would have otherwise been entitled to be reimbursed and which would otherwise have been recovered by the Mortgagor at Interim Servicer pursuant to this Agreement but for the time they first become due and shall ensure that appointment of the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredsuccessor servicer.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Contifinancial Corp), Contifinancial Corp
Payment of Taxes, Insurance and Other Charges. With respect to each first lien Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer (i) shall use reasonable efforts consistent with the Servicing Standard to determine that whether any such payments are made by the Mortgagor in a manner and at a time that is necessary to avoid the time they first become due and shall ensure that loss of the Mortgaged Property is not lost due to a tax lien sale or the foreclosure as a result of nonpayment a tax lien and (ii) shall ensure that such all insurance required to be maintained on the Mortgaged Property pursuant to this Agreement is maintained. If any such payment has not left uninsuredbeen made and the Servicer receives notice of a tax lien with respect to the Mortgage Loan being imposed, the Servicer will, to the extent required to avoid loss of the Mortgaged Property, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GE-WMC Asset-Backed Pass-Through Trust, Series 2006-1), Pooling and Servicing Agreement (GE-WMC Asset-Backed Pass Through Certificates, Series 2005-1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments, which advances shall constitute Servicing Advances hereunder; provided, however, that the Servicer shall be required to so advance only to the extent that the Servicer, in its reasonable good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due due. The Servicer shall make Servicing Advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. The costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Scheduled Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (Lares Asset Securitization, Inc.), Pooling and Servicing Agreement (Lares Asset Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Home Improvement Loan, the Master Servicer shall maintain accurate records reflecting fire and hazard insurance coverage. With respect to each Home Improvement Loan which is a first Home Improvement Loan, or as to which the Servicer has advanced the outstanding principal balance of any Prior Lien pursuant to Section 5.14 or as to which the Servicer maintains escrow accounts, the Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of primary mortgage guaranty insurance premiums, if any, and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account any escrow account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master (provided, however, that to the extent the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from advances its own funds to effect funds, such paymentsadvances shall constitute "Servicing Advances"). To the extent that the a Mortgage does not provide for Escrow Paymentsescrow payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure due. Notwithstanding anything contained herein to the contrary, the Servicer may choose not to make the payments described above on a timely basis, provided that collections on the Mortgaged Property is related Home Improvement Loan that are required to be remitted to the Trust Fund would not lost to a tax lien be reduced, as a result of nonpayment and such failure to timely pay, from the amount that such would otherwise be remitted to the Trust Fund; provided further, however, that this provision shall not have the effect of permitting the Servicer to take, or fail to take, any action in respect of the payments described herein that would adversely affect the interest of the Trust Fund in any Mortgaged Property is not left uninsuredProperty.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Home Equity Corp)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting casualty insurance coverage. With respect to each Mortgage Loan as to which the Servicer maintains escrow accounts, the Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire primary mortgage guaranty insurance premiums, if any, and hazard casualty insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account any escrow account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentsMortgage. To the extent that the a Mortgage does not provide for Escrow Paymentsescrow payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard shall, if it has received notice of a default or deficiency, monitor such payments to determine that any such payments if they are made by the Mortgagor at the time they first Mortgagor. The Servicer shall effect payment of taxes, assessments, primary mortgage or hazard insurance premiums and other charges which are or may become due and shall ensure that a lien upon the Mortgaged Property is not lost prior to the applicable penalty or termination date and at a tax lien as a result of nonpayment and time appropriate for securing maximum discounts allowable but the Servicer shall be required to so advance only to the extent that such Mortgaged Property is not left uninsuredadvances, in the good faith judgment of the Servicer, will be recoverable by the Servicer pursuant to Section 5.04 out of Liquidation Proceeds, Insurance Proceeds or other recoveries.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Finance America Securities LLC), Sale and Servicing Agreement (Finance America Securities LLC)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that any Mortgage or Applicable RegulationsLoan does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor. The Master With respect to each Mortgage Loan, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentspayments within the time period required to avoid penalties and interest and no later than to avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien. To Servicer will have the extent tight to be reimbursed from the Mortgagor for such advances of taxes and delinquency penalties paid by Servicer in connection with the Mortgaged Property. Servicer may, at Servicer’s discretion and in accordance with applicable law, establish an escrow account for any Mortgagor that fails to pay taxes on the Mortgage does not provide for Escrow PaymentsMortgaged property in a timely manner. Notwithstanding the foregoing, if the Servicer determines that such Servicing Advance would be a Nonrecoverable Advance, the Master Servicer shall have no obligation to make such Servicing Advance. If Servicer fails to make a Servicing Advance with respect to any payment prior to the date on which any late payment penalties or costs related to protecting the lien accrue, except in the case of a Nonrecoverable Advance, the Servicer shall pay any such penalties or costs which accrued. With respect to each second lien Mortgage Loan, the Servicer shall use reasonable efforts, for the protection of the Owner’s interest, to file (or cause to be filed) of record a request for notice of any action by a known superior lienholder where permitted by local law and whenever applicable state law does not require that a junior lienholder be named as a party defendant in foreclosure proceedings in order to foreclose such junior lienholder’s equity of redemption. The Servicer shall also use reasonable efforts consistent with to notify any known superior lienholder in writing of the Servicing Standard existence of the Mortgage Loan and request notification of any action (as described below) to determine that any such payments are made by be taken against the Mortgagor at the time they first become due and shall ensure that or the Mortgaged Property by the superior lienholder. If the Servicer is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the superior lien, or has declared or intends to declare a default under the superior mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Servicer shall take whatever actions are necessary to protect the interests of the Owner, and/or to preserve the security of the related Mortgage Loan, subject to any requirements applicable to real estate mortgage investment conduits pursuant to the Code. The Servicer shall make a Servicing Advance of the funds necessary to cure the default or reinstate the superior lien if the Servicer determines that such Servicing Advance is in the best interests of the Owner. The Servicer shall not lost make such a Servicing Advance except to the extent that it determines in its reasonable good faith judgment that such advance will be recoverable from Liquidation Proceeds on the related Mortgage Loan. The Servicer shall thereafter take such action as is necessary to recover the amount so advanced. If the Mortgage relating to a tax Mortgage Loan had a lien as a result of nonpayment and that such senior to the Mortgage Loan on the related Mortgaged Property is not left uninsured.as of the related Cut-off Date, then the Servicer, in its capacity as interim servicer, may consent to the refinancing of the prior senior lien, provided that the following requirements are met:
Appears in 2 contracts
Samples: Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-1), Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-Ab1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.. 112
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-Whq2), Pooling and Servicing Agreement (Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-Whq2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Revolving Credit Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Revolving Credit Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 2 contracts
Samples: Servicing Agreement (Thornburg Mortgage Securities Corp), Servicing Agreement (Structured Asset Securities Corp)
Payment of Taxes, Insurance and Other Charges. With respect to each first lien Mortgage Loan, the Master Servicer Seller shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (charges, including insurance renewal premiums) premiums and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsand applicable law. To the extent that the Mortgage does not provide for Escrow Payments, the Seller shall determine that any such payments are made by the Mortgagor at the time they first become due. The Master Servicer Seller assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2004-4), Pooling and Servicing Agreement (Fremont Home Loan Trust 2005-1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, property taxes, assessments, water rates assessments and other charges which that are or may become a lien upon the related Mortgaged Property Property, the status of Primary Mortgage Insurance and LPMI Policy premiums, if any, and the status of fire and hazard insurance coverage andand flood insurance, all as to those required hereunder. If a Mortgage Loans subject to a voluntary escrow agreementLoan requires Escrow Payments, the Servicer shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at in a time appropriate for securing maximum discounts allowablemanner consistent with Acceptable Servicing Procedures, employing for such purpose deposits of the Mortgagor in the Escrow Account which that shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. If a Mortgage Loan does not require Escrow Payments, or Applicable Regulations. The Master if there are insufficient funds in the related Escrow Account, the Servicer assumes full responsibility shall cause all such bills to be paid on a timely basis and shall from its own funds (if necessary) make a Servicing Advance for the timely payment of all such bills and bills. The Servicer shall monitor the payment status of such charges (including renewal premiums) by the related Mortgagor. The Servicer shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same such charges in a manner consistent with Acceptable Servicing Procedures and, in all events, prior to the foreclosure of any lien against the Mortgaged Property resulting from non-payment of such property taxes, assessments and other charges and prior to the termination of any such insurance coverage; provided that, the Servicer shall pay any late fee or penalty (without reimbursement therefore), which is payable due to any delay by the making of the Escrow Payments Servicer in paying any such property taxes, assessments and shall make Servicing Advances from its own funds other charges; provided, further, that to effect such payments. To the extent that the Mortgage does funds were not provide for Escrow Paymentsescrowed by the Servicer, if the Servicer is unable to recover such late fees or penalties from the Mortgagor, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard be entitled to determine that any be reimbursed for all such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien late fees or penalties as a result Nonrecoverable Advance pursuant to Section 2.5(v) of nonpayment and that such Mortgaged Property is not left uninsuredthis Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1), Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments, which advances shall constitute Servicing Advances hereunder; provided, however, that the Servicer shall be required to so advance only to the extent that the Servicer, in its reasonable good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due due. The Servicer shall make Servicing Advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. The costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Scheduled Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First NLC Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, the Master Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges which that are or may become a lien upon the Mortgaged Property Property; (b) primary mortgage insurance premiums; (c) with respect to Mortgage Loans insured by the FHA, mortgage insurance premiums, and the status of (d) fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, premiums. Countrywide shall obtain, from time to time, all bills for the payment of such charges (charges, including renewal premiums) , and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the allowable using Escrow Account Payments which shall have been estimated and accumulated by the Master Servicer Countrywide in amounts sufficient for such purposes, as allowed under . To the terms of extent that the Mortgage or Applicable Regulationsdoes not provide for Escrow Payments, Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. The Master Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills bills, irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the extent description set forth in Section 3.02(v), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage does Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Countrywide will not provide cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for Escrow Paymentsthe actions of Countrywide, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 4.16, Countrywide shall promptly notify the Master Servicer shall use reasonable efforts consistent insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the Servicing Standard to determine that any terms of such payments are made by the Mortgagor at the time they first become due policy and shall ensure take all actions that may be required by such insurer as a condition to the Mortgaged Property continuation of coverage under the PMI Policy. If such PMI Policy is not lost to a tax lien terminated as a result of nonpayment such assumption or substitution of liability, Countrywide shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, MIC or LGC and that the insurance or guarantee relating thereto, as applicable (excluding such Mortgaged Property is exception, the “Credit Enhancement”), and Countrywide shall not left uninsuredbe required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Purchaser shall at any time after the related Closing Date notify Countrywide in writing of its desire to obtain any such Credit Enhancement, the Purchaser and Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such payments. To , which advances shall constitute Servicing Advances hereunder; provided that the Company shall be required to so advance only to the extent that the Mortgage does not provide for Escrow PaymentsCompany, the Master Servicer shall use reasonable efforts consistent with in its good faith judgment, believes the Servicing Standard Advance to determine that any such payments are made be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. The costs incurred by the Mortgagor at Company, if any, in effecting the time they first become due timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Stated Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Subservicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Subservicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Subservicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Subservicer shall make Servicing Advances advances from its own funds to effect such payments, which advances shall constitute Servicing Advances hereunder; provided, however, that the Subservicer shall be required to so advance only to the extent that the Subservicer, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer Subservicer shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due due. The Subservicer shall make advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. The costs incurred by the Subservicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Scheduled Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. With respect to each escrowed Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Company assumes full responsibility responsibility, on escrowed Mortgage Loans, for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such payments, which advances shall constitute Servicing Advances hereunder; provided that the Company shall be required to so advance only to the extent that the Company, in its good faith judgment, believes the Servicing Advance to be recoverable from late collections of Escrow Payments, Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer Company shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due due. The Company shall make advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. The costs incurred by the Company, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Stated Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost terms of such Mortgage Loans so permit. Notwithstanding the foregoing, funds advanced by the Company related to a tax lien as a result any or all of nonpayment the above, shall be deemed Servicing Advances and that such Mortgaged Property is not left uninsuredpayable from the Custodial Account.
Appears in 1 contract
Samples: Sale and Servicing Agreement (ABFC 2006-Opt3 Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the related Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such payments. To , which advances shall constitute Servicing Advances hereunder; provided that the Company shall be required to so advance only to the extent that the Mortgage does not provide for Escrow PaymentsCompany, the Master Servicer shall use reasonable efforts consistent with in its good faith judgment, believes the Servicing Standard Advance to determine that any such payments are made be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. The costs incurred by the Mortgagor at Company, if any, in effecting the time they first become due timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Stated Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 1 contract
Samples: Flow Sale and Servicing Agreement (GSR Mortgage Loan Trust 2007-4f)
Payment of Taxes, Insurance and Other Charges. Maintenance of PMI Policies; Collections Thereunder. With respect to each Mortgage Loan, the Master Servicer Countrywide shall maintain accurate records reflecting the status of (a) ground rents, taxes, assessments, water rates and other charges which that are or may become a lien upon the Mortgaged Property Property; (b) primary mortgage insurance premiums; and the status of (c) fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, premiums. Countrywide shall obtain, from time to time, all bills for the payment of such charges (charges, including renewal premiums) , and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the allowable using Escrow Account Payments which shall have been estimated and accumulated by the Master Servicer Countrywide in amounts sufficient for such purposes, as allowed under . To the terms of extent that the Mortgage or Applicable Regulationsdoes not provide for Escrow Payments, Countrywide shall determine that any such payments are made by the Mortgagor at the time they first become due. The Master Servicer Countrywide assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills bills, irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To Countrywide will maintain in full force and effect, a PMI Policy conforming in all respects to the extent description set forth in Section 3.02(v), issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be maintained until the LTV or the Updated LTV of the related Mortgage does Loan is reduced to 80% or less in the case of a Mortgage Loan having a LTV at origination in excess of 80%. Countrywide will not provide cancel or refuse to renew any PMI Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement PMI Policy is obtained from and maintained with an insurer that is approved by an Agency. Countrywide shall not take any action that would result in non-coverage under any applicable PMI Policy of any loss that, but for Escrow Paymentsthe actions of Countrywide, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 4.16, Countrywide shall promptly notify the Master Servicer shall use reasonable efforts consistent insurer under the related PMI Policy, if any, of such assumption or substitution of liability in accordance with the Servicing Standard to determine that any terms of such payments are made by the Mortgagor at the time they first become due policy and shall ensure take all actions that may be required by such insurer as a condition to the Mortgaged Property continuation of coverage under the PMI Policy. If such PMI Policy is not lost to a tax lien terminated as a result of nonpayment such assumption or substitution of liability, Countrywide shall obtain a replacement PMI Policy as provided above. Unless otherwise provided in the related Purchase Confirmation, no Mortgage Loan has in effect as of the Closing Date any mortgage pool insurance policy or other credit enhancement, except for any PMI Policy, and that the insurance or guarantee relating thereto, as applicable (excluding such Mortgaged Property is exception, the “Credit Enhancement”), and Countrywide shall not left uninsuredbe required to take into consideration the existence of any such Credit Enhancement for the purposes of performing its servicing obligations hereunder. If the Purchaser shall at any time after the related Closing Date notify Countrywide in writing of its desire to obtain any such Credit Enhancement, the Purchaser and Countrywide shall thereafter negotiate in good faith for the procurement and servicing of such Credit Enhancement. Countrywide shall service LPMI Loans in accordance with the same procedures required with respect to PMI Policies, except as provided in such LPMI Policy.
Appears in 1 contract
Samples: Bailee Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar4)
Payment of Taxes, Insurance and Other Charges. Collections Thereunder. With respect to each first lien Mortgage LoanLoan that provides for Escrow Payments, the Master each Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire fire, flood and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date of taxes, assessments, hazard insurance premiums, and comparable items in a manner and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of that assures that the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms lien priority of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in is not jeopardized (or, with respect to the payment of same taxes, in a manner and at a time that avoids the loss of the Mortgaged Property due to a tax sale or the making foreclosure as a result of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentsa tax lien). To the extent that the a Mortgage does not provide for Escrow Payments, the Master each Servicer shall use reasonable efforts consistent with the Servicing Standard to (i) determine that whether any such 117 payments are made by the Mortgagor in a manner and at a time that is necessary to avoid the time they first become due and shall ensure that loss of the Mortgaged Property is not lost due to a tax lien sale or the foreclosure as a result of nonpayment a tax lien and (ii) with respect to first lien Mortgage Loans, ensure that such all insurance required to be maintained on the Mortgaged Property pursuant to this Agreement is maintained. If any such payment has not left uninsuredbeen made and the related Servicer receives notice of a tax lien with respect to the Mortgage Loan being imposed, such Servicer will, promptly and to the extent required to avoid loss of the Mortgaged Property, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ABFC 2006-He1 Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each First Lien Mortgage LoanLoan that provides for Escrow Payments to be made, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of Primary Insurance Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that any First Lien Mortgage Loan does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor when due; provided that, the Servicer shall not make any Servicing Advance with respect to such Mortgage Loan except to the extent necessary to protect the lien priority of the related Mortgage Loan or Applicable Regulationsthe value of the related Mortgaged Property. The Master With respect to each First Lien Mortgage Loan that provides for Escrow Payments, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentspayments within the time period required to avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien. To Notwithstanding the extent foregoing, if Servicer reasonably determines that the Mortgage does not provide for Escrow Paymentssuch Servicing Advance would be a Nonrecoverable Advance, the Master Servicer shall use reasonable efforts consistent with the have no obligation to make such Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredAdvance.
Appears in 1 contract
Samples: Flow Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Sl2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxestaxes (including any applicable premium taxes with respect to Mortgaged Properties which are located in the State of Kentucky or West Virginia), assessments, water rates and other charges which (other than with respect to premium taxes) are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured. The Master Servicer shall cause to be maintained any primary mortgage guaranty insurance policy relating to any Mortgage Loan which was in force as of the Closing Date and which is not cancelable under the terms of the related Mortgage Loan or applicable law.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Argent Securities Inc)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the related Mortgaged Property and the status of PMI Policy premiums, if applicable, and fire and hazard insurance coverage and, as to those the extent the Mortgage Loans subject to a voluntary escrow agreementLoan includes Escrow Payments, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such payments, which advances shall constitute Servicing Advances hereunder; provided that the Company shall be required to so advance only to the extent that the Company, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that the a Mortgage Loan does not provide for include Escrow Payments, the Master Servicer Company shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due due. The Company shall make advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. The costs incurred by the Company, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Stated Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 1 contract
Samples: Sale and Interim Servicing Agreement (ABFC 2006-He1 Trust)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy or LPMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due and due. The Servicer shall ensure make advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. Advances pursuant to this Section 4.08 shall constitute Servicing Advances hereunder; provided that the Servicer shall be required to so advance only to the extent that the Servicer, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. The Servicing Advances and the costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Property is Properties and related insurance premiums shall not lost be added to a tax lien as a result the Stated Principal Balances of nonpayment and the related Mortgage Loans, notwithstanding that the terms of such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments, which advances shall constitute Servicing Advances hereunder; provided that the Servicer shall be required to so advance only to the extent that the Servicer, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due due. The Servicer shall make advances to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. The costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Stated Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Asset Backed Funding Corp)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of primary insurance policy premiums (if any) and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (charges, including insurance renewal premiums) premiums and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsand applicable law. To the extent that the Mortgage does not provide for Escrow Payments, the Company shall determine whether any such payments are made by the Mortgagor. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills in a manner and at a time that assures that the lien priority of the Mortgage is not jeopardized (or, with respect to the payment of taxes, in a manner and at a time that avoids the loss of the Mortgaged Property due to a tax sale or the foreclosure of a tax lien), irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To The Company will be responsible for the extent that administration of the Mortgage does not provide for Escrow PaymentsAccount and will be obligated to make advances to such account when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Master Servicer shall use reasonable efforts consistent with Company knows, or in the Servicing Standard exercise of the required standard of care of the Company hereunder should know, is necessary to determine that any such payments are made by avoid the Mortgagor at the time they first become due and shall ensure that loss of the Mortgaged Property is not lost due to a tax sale or the foreclosure of a tax lien. If any such payment has not been made and the Company receives notice of a tax lien as a result with respect to the Mortgage being imposed, the Company will, within thirty (30) days of nonpayment and that such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property is not left uninsuredunless the payment of such tax lien would in the good faith judgment of the Company constitute a Nonrecoverable Advance.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (Wilshire Real Estate Investment Trust Inc)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments. To , which advances shall constitute Servicing Advances hereunder; provided that the Servicer shall be required to so advance only to the extent that the Servicer, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise; provided further, that it is agreed that the Servicer will not be required to pay any such bills for ground rents, taxes, assessments, water rates and other charges if the Mortgage does not provide for Escrow PaymentsPayments until such time that the Servicer receives notice that such amounts are delinquent or at which time the Servicer determines that such unpaid amounts could be considered delinquent, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard failure to determine that pay any such payments are made by amount could result in the Mortgagor at the time they first become due and shall ensure that imposition of late payment fees or penalties or a superior lien being imposed on the Mortgaged Property is or otherwise impair the Purchaser’s interest in the Mortgaged Property. The costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall not lost be added to a tax lien as a result the Stated Principal Balances of nonpayment and the related Mortgage Loans, notwithstanding that the terms of such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 1 contract
Samples: Master Bulk Sale and Servicing Agreement (Banc of America Funding Corp)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Servicer shall make Servicing Advances advances from its own funds to effect such payments, which advances shall constitute Servicing Advances hereunder; provided, however, that the Servicer shall be required to so advance only to the extent that the Servicer, in its good faith judgment, believes the Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that the a Mortgage does not provide for Escrow Payments, the Master Servicer shall use its reasonable efforts consistent in accordance with the Accepted Servicing Standard Practices to determine that whether any such payments are made by the Mortgagor at the time they first become due due. The Servicer shall make advances from its own funds to effect such delinquent payments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. The costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on the Mortgaged Properties and related insurance premiums shall ensure not be added to the Scheduled Principal Balances of the related Mortgage Loans, notwithstanding that the Mortgaged Property is not lost to a tax lien as a result terms of nonpayment and that such Mortgaged Property is not left uninsuredMortgage Loans so permit.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (FBR Securitization Trust 2005-1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage or Applicable Regulationsdoes not provide for Escrow Payments, the Company shall determine whether any such payments are made by the Mortgagor at the time they first become due. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such paymentspayments within such time period as will avoid the loss of the related Mortgaged Property by foreclosure of a tax or other lien. The Company shall ensure that each of the Mortgage Loans shall be covered by a Tax Service Contract which shall be assigned to the Purchaser or the Purchaser's designee at the Company's expense in the event that the Company is terminated as servicer of the related Mortgage Loan(s) hereunder. To the extent that the a Mortgage Loan does not provide for Escrow Paymentshave a Tax Service Contract, the Master Servicer Company shall use reasonable efforts consistent with pay the Servicing Standard Purchaser the cost to determine that any procure a Tax Service Contract for such payments are made by Mortgage Loan on the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredClosing Date.
Appears in 1 contract
Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa2)
Payment of Taxes, Insurance and Other Charges. With respect to each first lien Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage does not provide for Escrow Payments, (i) the Servicer shall determine whether any such payments are made by the Mortgagor in a manner and at a time that is necessary to avoid the loss of the Mortgaged Property due to a tax sale or Applicable Regulationsthe foreclosure as a result of a tax lien and (ii) the Servicer shall ensure that all insurance required to be maintained on the Mortgaged Property pursuant to this Agreement is maintained. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage Loan being imposed, the Servicer will, to the extent required to avoid loss of the Mortgaged Property, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First NLC Trust 2005-2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall 77 effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc Asset Back Ser 2004-R1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy premiums, if applicable, fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that any Mortgage or Applicable RegulationsLoan does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor. The Master With respect to each Mortgage Loan, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To payments within the extent time period required to avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien; provided that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable its best efforts consistent with the to make such Servicing Standard to determine Advances within 60 days of knowledge that any such payments are delinquent and, in any event within 90 days of such notice. Notwithstanding the foregoing, if the Servicer determines that such Servicing Advance would be a Nonrecoverable Advance, the Servicer shall have no obligation to make such Servicing Advance. If the Servicer fails to make a Servicing Advance with respect to any payment prior to the date on which any late payment penalties or costs related to protecting the lien accrue, except in the case of a Nonrecoverable Advance, the Servicer shall make Servicing Advances on behalf of the Mortgagor to pay any such penalties or costs which accrued after the date which was thirty (30) Business Days after the date on which the Servicer had knowledge that such payment had not been made by the Mortgagor at Mortgagor; provided that, in any event, Servicer shall pay such penalties or costs within the time they first become due and shall ensure that period required to avoid the loss of the related Mortgaged Property is not lost by foreclosure from a lien related to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredpayment delinquency.
Appears in 1 contract
Samples: Flow Servicing Agreement (GSAA Home Equity 2005-12)
Payment of Taxes, Insurance and Other Charges. The Owner shall designate, in the electronic data file specified in section 1 of the Transfer Instructions, those Mortgage Loans for which Servicer will place, at Owner's expense, tax service contracts ("Tax Contract Designated Mortgage Loan(s)"). Unless specified otherwise by Owner, upon 60 days following the applicable Servicing Transfer Date, Servicer will place, at Owner's expense, tax service contracts on Mortgage Loans that are not Tax Contract Designated Mortgage Loans, at which time each such Mortgage Loan will be considered a Tax Contract Designated Mortgage Loan. The Servicer assumes no obligation or responsibility to pay taxes associated with Mortgage Loans that are not Tax Contract Designated Mortgage Loans. With respect to each Tax Contract Designated Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. With respect to any Tax Contract Designated Mortgage or Applicable RegulationsLoan, any penalties imposed by a taxing authority resulting solely from the failure of Servicer to pay property taxes timely shall be borne by the Servicer. The Master To the extent that any Mortgage Loan does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor. With respect to each Mortgage Loan, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentspayments within the time period required to avoid penalties and interest and no later than to avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien. To Notwithstanding the extent foregoing, if the Servicer determines that the Mortgage does not provide for Escrow Paymentssuch Servicing Advance would be a Nonrecoverable Advance, the Master Servicer shall use reasonable efforts consistent have no obligation to make such Servicing Advance. If Servicer fails to make a Servicing Advance with respect to any payment prior to the Servicing Standard date on which any late payment penalties or costs related to determine that protecting the lien accrue, except in the case of a Nonrecoverable Advance, the Servicer shall pay any such payments are penalties or costs which accrued after the date which was thirty (30) Business Days after the date on which the Servicer had knowledge that such payment had not been made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredMortgagor.
Appears in 1 contract
Samples: Servicing Agreement (Oak Street Financial Services Inc)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master REIT Servicer shall maintain accurate and customary servicing records reflecting the status of ground rents, taxes, assessments, water rates fire and hazard insurance premiums and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as Property. As to those Mortgage Loans which are the subject to a voluntary escrow agreementof an “impound account” for the payment of taxes and/or insurance, the REIT Servicer shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) subject to the Escrow Account and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which Account. To the extent that a Mortgage does not provide for Escrow Payments, the REIT Servicer shall have been estimated use its best efforts to determine that any such payments coming due and accumulated delinquent prior to the related Purchase Date are made by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgagor. The Master REIT Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments payment of all such bills in a manner and at a time that assures that the lien priority of the Mortgage is not jeopardized and, in addition, with respect to the payment of taxes, in a manner and at a time that avoids the loss of the Mortgaged Property due to a tax sale or the foreclosure of a tax lien, irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and Payments, and, if necessary, the REIT Servicer shall make Servicing Advances from its own funds to effect such payments. To payments (subject to the extent that REIT Servicer’s right of reimbursement from the Mortgage does not provide for Escrow Payments, Account pursuant to Section 4.06(c)(ii) or the Master Servicer shall use reasonable efforts consistent with the Servicing Standard Blocked Account pursuant to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredSection 4.05(a)(i)).
Appears in 1 contract
Samples: Reit Servicing Agreement (MortgageIT Holdings, Inc.)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan which provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy and LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer shall not be required to maintain records with respect to the payment of the LPMI Premiums unless the Servicer shall be required to make payment of such premiums and such requirement shall be indicated on the Mortgage Loan Schedule with respect to each applicable Mortgage Loan. The Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make Servicing Advances to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.for
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Sec Inc Ast Back Ps THR Cert Ser 2003-1)
Payment of Taxes, Insurance and Other Charges. With respect to each escrowed Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the With respect to non-escrowed Mortgage does not provide for Escrow PaymentsLoans, the Master Servicer shall use reasonable efforts consistent with the employ Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they are first to become due and shall to ensure that the Mortgaged Property is not lost subjected to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured. The Servicer shall advance its funds to effect payments on any such delinquent payments to avoid lapse of insurance coverage on the Mortgage Property or to avoid the sale or other loss of the Mortgaged Property to a tax lien. Such advances made by the Servicer shall be considered Servicing Advances subject to reimbursement pursuant to Section 3.04 herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall 84 effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Argent Securities Inc Assset Back Pass THR Certs Ser 2003-W5)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of LPMI Policy (if any) premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable RegulationsMortgage. The Master Servicer assumes full responsibility for the timely payment of all such bills and bills, shall effect timely payments payment of all such bills charges irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments Payments, and shall make Servicing Advances advances from its own funds to effect such payments. To With regard to any Mortgage Loans for which the extent that Mortgagor is not required to escrow Escrow Payments with the Mortgage does not provide for Escrow PaymentsServicer, the Master Servicer shall use reasonable efforts consistent with the Accepted Servicing Standard Practices to determine that any such payments are made by the Mortgagor at the time they first become became due and shall ensure insure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property Mortgage is not left uninsureduninsured and shall make advances from its own funds to effect any such delinquent payments to avoid the lapse of insurance coverage on the Mortgaged Property or to avoid the imposition of a tax lien.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Pass Through Cert Series 2002-Al1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date date, and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. If a Mortgage or Applicable Regulationsdoes not provide for Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor. The Master Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills charges irrespective of the each Mortgagor's ’s faithful performance in the payment of same or of the making of the Escrow Payments Payments, and the Company shall make Servicing Advances advances from its own funds to effect such payments. To the extent that the With respect to each Mortgage does not provide Loan for Escrow Paymentswhich there is no escrow for tax payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and Company shall ensure that all taxes are current and have been paid on the related Mortgaged Property Property. With respect to each Mortgage Loan identified on the Mortgage Loan Schedule as an LPMI Loan, the Company shall maintain in full force and effect any LPMI Policy, and from time to time, withdraw the premium with respect to such Mortgage Loans from the Custodial Account in order to pay the premium thereon on a timely basis. In the event that the interest payments made with respect to the Mortgage Loan are less than the premium with respect to the LPMI Policy, the Company shall advance from its own funds the amount of any such shortfall in the LPMI Policy premiums, in payment of such premium. Any such advance shall be a Servicing Advance subject to reimbursement. In the event that such LPMI Policy shall be terminated, the Company shall obtain from another insurer acceptable under the Company Guide, a comparable replacement policy, with a total coverage equal to the remaining coverage of such terminated LPMI Policy, at substantially the same fee level. If the insurer shall cease to be an insurer acceptable under the Company Guide, the Company shall determine whether recoveries under the LPMI Policy are jeopardized for reasons related to the financial condition of such insurer, it being understood that the Company shall in no event have any responsibility or liability for any failure to recover under the LPMI Policy for such reason. If the Company determines that recoveries are so jeopardized, it shall notify the Purchaser and the Mortgagor, if required, and obtain from another insurer acceptable under the Company Guide a replacement insurance policy. The Company shall not take any action which would result in noncoverage under any applicable LPMI Policy of any loss which, but for the actions of the Company would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into, the Company shall promptly notify the insurer under the related LPMI Policy, if any, of such assumption or substitution of liability in accordance with the terms of such LPMI Policy and shall take all actions which may be required by such insurer as a condition to the continuation of coverage under such LPMI Policy. If such LPMI Policy is not lost to a tax lien terminated as a result of nonpayment such assumption or substitution of liability, the Company shall obtain a replacement LPMI Policy as provided above. Purchaser, in its sole discretion, at any time, may (i) either obtain an additional LPMI Policy on any Mortgage Loan which already has an LPMI Policy in place, or (ii) obtain a LPMI Policy for any Mortgage Loan which does not already have a LPMI Policy in place. In any event, the Company agrees to administer such LPMI Policies in accordance with the Agreement or any Reconstitution Agreement. In connection with its activities as servicer, the Company agrees to prepare and that present, on behalf of itself and the Purchaser, claims to the insurer under any Primary Mortgage Insurance Policy or LPMI Policy in a timely fashion in accordance with the terms of such Mortgaged Property is not left uninsuredPrimary Mortgage Insurance Policy and LPMI Policy and, in this regard, to take such action as shall be necessary to permit recovery under any Primary Mortgage Insurance Policy or LPMI Policy respecting a defaulted Mortgage Loan. Any amounts collected by the Company under any Primary Mortgage Insurance Policy shall be deposited in the Escrow Account.
Appears in 1 contract
Samples: Custodial Agreement (GSR Mortgage Loan Trust 2007-5f)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor 100 in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsured.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc Series 2003-6)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting fire and hazard insurance coverage. With respect to each Mortgage Loan which is a first lien Mortgage Loan, or as to which the Servicer has advanced the outstanding principal balance of any Prior Lien pursuant to Section 5.14 or as to which the Servicer maintains escrow accounts, the Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of primary mortgage guaranty insurance premiums, if any, and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account any escrow account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. The Master (provided, however, that to the extent the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from advances its own funds to effect funds, such paymentsadvances shall constitute "Servicing Advances"). To the extent that the a Mortgage does not provide for Escrow Paymentsescrow payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure due. Notwithstanding anything contained herein to the contrary, the Servicer may choose not to make the payments described above on a timely basis, provided that collections on the Mortgaged Property is related Mortgage Loan that are required to be remitted to the Trust Fund would not lost to a tax lien be reduced, as a result of nonpayment and such failure to timely pay, from the amount that such would otherwise be remitted to the Trust Fund; provided further, however, that this provision shall not have the effect of permitting the Servicer to take, or fail to take, any action in respect of the payments described herein that would adversely affect the interest of the Trust Fund in any Mortgaged Property is not left uninsuredProperty.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that any Mortgage or Applicable Regulations. The Master Loan does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor.With respect to each Mortgage Loan, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentspayments within the time period required to avoid penalties and interest and no later than to avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien. To Servicer will have the extent tight to be reimbursed from the Mortgagor for such advances of taxes and delinquency penalties paid by Servicer in connection with the Mortgaged Property.Servicer may, at Servicer’s discretion and in accordance with applicable law, establish an escrow account for any Mortgagor that fails to pay taxes on the Mortgage does not provide for Escrow PaymentsMortgaged property in a timely manner. Notwithstanding the foregoing, if the Servicer determines that such Servicing Advance would be a Nonrecoverable Advance, the Master Servicer shall have no obligation to make such Servicing Advance. If Servicer fails to make a Servicing Advance with respect to any payment prior to the date on which any late payment penalties or costs related to protecting the lien accrue, except in the case of a Nonrecoverable Advance, the Servicer shall pay any such penalties or costs which accrued. With respect to each second lien Mortgage Loan, the Servicer shall use reasonable efforts, for the protection of the Owner’s interest, to file (or cause to be filed) of record a request for notice of any action by a known superior lienholder where permitted by local law and whenever applicable state law does not require that a junior lienholder be named as a party defendant in foreclosure proceedings in order to foreclose such junior lienholder’s equity of redemption.The Servicer shall also use reasonable efforts consistent with to notify any known superior lienholder in writing of the Servicing Standard existence of the Mortgage Loan and request notification of any action (as described below) to determine that any such payments are made by be taken against the Mortgagor at the time they first become due and shall ensure that or the Mortgaged Property by the superior lienholder. If the Servicer is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the superior lien, or has declared or intends to declare a default under the superior mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Servicer shall take whatever actions are necessary to protect the interests of the Owner, and/or to preserve the security of the related Mortgage Loan, subject to any requirements applicable to real estate mortgage investment conduits pursuant to the Code.The Servicer shall make a Servicing Advance of the funds necessary to cure the default or reinstate the superior lien if the Servicer determines that such Servicing Advance is in the best interests of the Owner.The Servicer shall not lost make such a Servicing Advance except to the extent that it determines in its reasonable good faith judgment that such advance will be recoverable from Liquidation Proceeds on the related Mortgage Loan.The Servicer shall thereafter take such action as is necessary to recover the amount so advanced. If the Mortgage relating to a tax Mortgage Loan had a lien as a result of nonpayment and that such senior to the Mortgage Loan on the related Mortgaged Property is not left uninsured.as of the related Cut-off Date, then the Servicer, in its capacity as interim servicer, may consent to the refinancing of the prior senior lien, provided that the following requirements are met:
Appears in 1 contract
Samples: Servicing Agreement (Deutsche Alt-a Securities Inc)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, Servicer or the Master Servicer Subservicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of private mortgage guaranty insurance premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable law. The Master To the extent that a Mortgage does not provide for Escrow Payments, Servicer shall determine that any such payments are made by the Mortgagor at the time they first become due. Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To No costs incurred by the extent Servicer or Subservicers in effecting the payment (as opposed to the payment itself) of ground rents, taxes, assessments, water rates and other charges on the Mortgaged Properties or mortgage or hazard insurance premiums shall, for the purpose of calculating remittances to the Purchaser, be added to the amount owing under the related Mortgage Loans, notwithstanding that the terms of such Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredLoans so permit.
Appears in 1 contract
Samples: Master Mortgage Loan Purchase and Servicing Agreement (Sequoia Mortgage Trust 2010-H1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage LoanLoan that provides for Escrow Payments, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowabledate, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that any Mortgage or Applicable RegulationsLoan does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor. The Master With respect to each Mortgage Loan, subject to Accepted Servicing Practices, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such paymentspayments within the time period required to avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien. To Notwithstanding the extent foregoing, if the Servicer reasonably determines that the Mortgage does not provide for Escrow Paymentssuch Servicing Advance would be a Nonrecoverable Advance, the Master Servicer shall use reasonable efforts consistent have no obligation to make such Servicing Advance. If Servicer fails to make a Servicing Advance with respect to any payment prior to the date on which any late payment penalties or costs related to protecting the lien accrue, the Servicer shall pay any such penalties or costs within the time period required to avoid the loss of the related Mortgaged Property by foreclosure from a tax or other lien; provided, however, for all tax penalties and interest levied prior to the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien Transfer Date or as a result of nonpayment and the actions of the prior servicer or the Purchaser, the Servicer shall make Servicing Advances to effect such payments; provided, further, that if the Servicer reasonably determines that such Mortgaged Property Servicing Advance would be a Nonrecoverable Advance, the Servicer shall have no obligation to make such Servicing Advance. In addition, in the event that a Mortgage Loan is not left uninsuredcovered by a transferable Tax Service Contract on the related Transfer Date, the Servicer shall obtain a Tax Service Contract for such Mortgage Loan and shall be entitled to first priority reimbursement therefore pursuant to Section 2.07.
Appears in 1 contract
Samples: Flow Servicing Rights Purchase and Servicing Agreement (GSAA Home Equity Trust 2006-2)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, property taxes, assessments, water rates assessments and other charges which that are or may become a lien upon the related Mortgaged Property Property, the status of Primary Mortgage Insurance premiums, if any, LPMI premiums, if any, and the status of fire and hazard insurance coverage andand flood insurance, all as to those required hereunder. If a Mortgage Loans subject to a voluntary escrow agreementLoan requires Escrow Payments, the Servicer shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at in a time appropriate for securing maximum discounts allowablemanner consistent with Acceptable Servicing Procedures, employing for such purpose deposits of the Mortgagor in the Escrow Account which that shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. If a Mortgage Loan does not require Escrow Payments, or Applicable Regulations. The Master if there are insufficient funds in the related Escrow Account, the Servicer assumes full responsibility shall cause all such bills to be paid on a timely basis and shall from its own funds (if necessary) make a Servicing Advance for the timely payment of all such bills and bills. The Servicer shall monitor the payment status of such charges (including renewal premiums) by the related Mortgagor. The Servicer shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts charges in a manner consistent with Acceptable Servicing Procedures and, in all events, prior to the Servicing Standard to determine that foreclosure of any such payments are made by the Mortgagor at the time they first become due and shall ensure that lien against the Mortgaged Property is not lost resulting from non-payment of such property taxes, assessments and other charges and prior to a tax lien as a result the termination of nonpayment and that any such Mortgaged Property is not left uninsuredinsurance coverage.
Appears in 1 contract
Samples: Servicing Agreement (Luminent Mortgage Trust 2007-1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer or Subservicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of private mortgage guaranty insurance premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable law. To the extent that a Mortgage does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor at the time they first become due. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the each Mortgagor's ’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To No costs incurred by the extent Servicer or Subservicers in effecting the payment (as opposed to the payment itself) of ground rents, taxes, assessments, water rates and other charges on the Mortgaged Properties or mortgage or hazard insurance premiums shall, for the purpose of calculating remittances to the Purchaser, be added to the amount owing under the related Mortgage Loans, notwithstanding that the terms of such Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts consistent with the Servicing Standard to determine that any such payments are made by the Mortgagor at the time they first become due and shall ensure that the Mortgaged Property is not lost to a tax lien as a result of nonpayment and that such Mortgaged Property is not left uninsuredLoans so permit.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Sequoia Mortgage Trust 2013-1)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, property taxes, assessments, water rates assess-ments and other charges which that are or may become a lien upon the related Mortgaged Property Property, the status of Primary Mortgage Insurance premiums, if any, and the status of fire and hazard insurance coverage andand flood insurance, all as to those required hereunder. If a Mortgage Loans subject to a voluntary escrow agreementLoan requires Escrow Payments, the Servicer shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at in a time appropriate for securing maximum discounts allowablemanner consistent with Acceptable Servicing Procedures, employing for such purpose deposits of the Mortgagor in the Escrow Account which that shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. If a Mortgage Loan does not require Escrow Payments, or Applicable Regulations. The Master if there are insufficient funds in the related Escrow Account, the Servicer assumes full responsibility shall cause all such bills to be paid on a timely basis and shall from its own funds (if necessary) make a Servicing Advance for the timely payment of all such bills and bills. The Servicer shall monitor the payment status of such charges (including renewal premiums) by the related Mortgagor. The Servicer shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To the extent that the Mortgage does not provide for Escrow Payments, the Master Servicer shall use reasonable efforts charges in a manner consistent with Acceptable Servicing Procedures and, in all events, prior to the Servicing Standard to determine that foreclosure of any such payments are made by the Mortgagor at the time they first become due and shall ensure that lien against the Mortgaged Property is not lost resulting from non-payment of such property taxes, assess-ments and other charges and prior to the termination of any such insurance coverage. Notwithstanding anything herein to the contrary, if a tax lien as a result of nonpayment is imposed on the Mortgaged Property and that the taxing authority forecloses on such Mortgaged Property is not left uninsuredProperty, the Servicer shall indemnify the Owner in accordance with the provisions of Section 5.1 of this Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-7)
Payment of Taxes, Insurance and Other Charges. Collections Thereunder. ----------------------- With respect to each first lien Mortgage Loan, the Master Servicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of fire Primary Insurance Policy premiums and fire, flood and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulations. To the extent that the Mortgage does not provide for Escrow Payments, the Servicer shall determine that any such payments are made by the Mortgagor at the time they first become due. The Master Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances from its own funds to effect such payments. To The Servicer, on behalf of the Trustee, as mortgagee, will maintain in full force and effect (to the extent a Mortgage Loan has a Primary Insurance Policy) a Primary Insurance Policy issued by a Qualified Insurer with respect to each Mortgage Loan for which such coverage is required. Such coverage will be maintained until the Combined Loan-to-Value Ratio of the related Mortgage Loan is reduced to 80% or less. The Servicer will not cancel or refuse to renew any Primary Insurance Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement Primary Insurance Policy for such cancelled or non-renewed policy is obtained from and maintained with a Qualified Insurer. The Servicer shall not take any action which would result in non-coverage under any applicable Primary Insurance Policy of any loss which, but for the Mortgage does not provide for Escrow Paymentsactions of the Servicer, would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 3.14, the Master Servicer shall use reasonable efforts consistent promptly notify the insurer under the related Primary Insurance Policy, if any, of such assumption or substitution of liability in accordance with the Servicing Standard to determine that any terms of such payments are made by the Mortgagor at the time they first become due policy and shall ensure that take all actions which may be required by such insurer as a condition to the Mortgaged Property continuation of coverage under the Primary Insurance Policy. If such Primary Insurance Policy is not lost to a tax lien terminated as a result of nonpayment such assumption or substitution of liability, the Servicer shall obtain a replacement Primary Insurance Policy as provided above. In connection with its activities as servicer, the Servicer agrees to prepare and that present, on behalf of itself and the Trustee, claims to the insurer under any Primary Insurance Policy in a timely fashion in accordance with the terms of such Mortgaged Property is not left uninsuredpolicies and, in this regard, to take such action as shall be necessary to permit recovery under any Primary Insurance Policy respecting a defaulted Mortgage Loan. Pursuant to Section 3.04, any amounts collected by the Servicer under any Primary Insurance Policy shall be deposited in the Collection Account, subject to withdrawal pursuant to Section 3.05.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, Seller or the Master Servicer Subservicer shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of private mortgage guaranty insurance premiums and fire and hazard insurance coverage and, as to those Mortgage Loans subject to a voluntary escrow agreement, and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Master Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or Applicable Regulationsapplicable law. The Master Servicer To the extent that a Mortgage does not provide for Escrow Payments, Seller shall determine that any such payments are made by the Mortgagor at the time they first become due. Seller assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the each Mortgagor's faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances advances from its own funds to effect such payments. To The Seller will maintain in full force and effect primary mortgage insurance policies issued by a Qualified Insurer with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be terminated only with the extent approval of Purchaser, or as required by applicable law or regulation. The Seller will not cancel or refuse to renew any primary mortgage insurance policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement primary mortgage insurance policy for such canceled or nonrenewed policy is obtained from and maintained with a Qualified Insurer. The Seller shall not take any action which would result in non-coverage under any applicable primary mortgage insurance policy of any loss which, but for the Mortgage does not provide for Escrow Paymentsactions of the Seller would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 12.01, the Master Servicer Seller shall use reasonable efforts consistent promptly notify the insurer under the related primary mortgage insurance policy, if any, of such assumption or substitution of liability in accordance with the Servicing Standard to determine that any terms of such payments are made by the Mortgagor at the time they first become due policy and shall ensure that take all actions which may be required by such insurer as a condition to the Mortgaged Property continuation of coverage under the primary mortgage insurance policy. If such primary mortgage insurance policy is not lost to a tax lien terminated as a result of nonpayment such assumption or substitution of liability, the Seller shall obtain a replacement primary mortgage insurance policy as provided above. In connection with its activities as servicer, the Seller agrees to prepare and that present, on behalf of itself and the Purchaser, claims to the insurer under any private mortgage insurance policy in a timely fashion in accordance with the terms of such Mortgaged Property is not left uninsuredprimary mortgage insurance policy and, in this regard, to take such action as shall be necessary to permit recovery under any primary mortgage insurance policy respecting a defaulted Mortgage Loan. Pursuant to Section 10.09, any amounts collected by the Seller under any primary mortgage insurance policy shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 10.10.
Appears in 1 contract