Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments (b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 16 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc11), Securitization Subservicing Agreement (Structured Asset Securities Corp), Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2004-6)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of such payments. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any failure to pay on such payments are made by the part of Mortgagor at the Mortgagor, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges they first became become due. The Servicer Company shall pay any late fee or penalty which is payable due make advances from its own funds to any delay in payment of any Property Charge after effect such delinquent payments within such time period as will avoid the earlier to occur of (a) the date on which the Servicer receives notice loss of the failure 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 Properties and related insurance premiums shall not be added to the Stated Principal Balances of the Mortgagor to pay related Mortgage Loans, notwithstanding that the terms of such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 13 contracts
Samples: Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-G Trust), Master Seller's Warranties and Servicing Agreement (Banc of America Funding Corp), Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-3 Trust)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Non-Agency Mortgage Loan which provides for that is a First Lien Mortgage Loan requiring Escrow PaymentsPayments to be made by the related Mortgagor, the Servicer shall maintain accurate records reflecting the status of those escrowed items 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 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 datedate 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the related Mortgage. The To the extent that any Non-Agency Mortgage Loan 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. 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 payment payments of all such charges bills irrespective of each the Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, Payments and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments within the time period required to pay on avoid penalties and interest and avoid the part loss of the Mortgagorrelated 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 Non-Agency Mortgage Loans that require Escrow Payments, if Servicer fails to make a Servicing Advance with respect to any payment prior to the date on which late payment penalties or at such other time as costs related to protecting the Servicer determines to be in the best interest of the Trust Fundlien accrue, provided, that in any event the Servicer shall pay any such charges on penalties or before the earlier of (a) any date by costs which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueaccrued.
Appears in 11 contracts
Samples: Servicing Agreement (PennyMac Mortgage Investment Trust), Flow Servicing Agreement (PennyMac Financial Services, Inc.), Flow Servicing Agreement (PennyMac Financial Services, Inc.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s '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, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments and such amounts shall not be added to pay on the part unpaid principal balance of the Mortgagorrelated Mortgage Loan, or at such other time as notwithstanding that the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status terms of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueLoan so permit. The obligation of the Servicer shall pay to make such Servicing Advances is mandatory, notwithstanding any late fee or penalty which is payable due other provision of this Agreement, and, with respect to any delay Mortgage Loan or REO Property, shall continue through the last Monthly Payment due prior to the payment in payment full of any Property Charge after the earlier Mortgage Loan, or through the last Remittance Date prior to occur the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (aincluding REO Disposition Proceeds, Insurance Proceeds and Condemnation Proceeds) with respect to the date on which Mortgage Loan; provided that, notwithstanding anything herein to the contrary, no Servicing Advance shall be required to be made hereunder by the Servicer receives notice of if such Servicing Advance would, if made, constitute a nonrecoverable Servicing Advance. The determination by the failure of Servicer that it has made a nonrecoverable Servicing Advance or that any proposed Servicing Advance, if made, would constitute a nonrecoverable Servicing Advance, shall be evidenced by an Officers’ Certificate delivered to the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duePurchaser.
Appears in 8 contracts
Samples: Flow Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar7), Flow Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar9), Flow Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar3)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Seller shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Seller assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Seller shall make advances 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 the Servicer Seller determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Seller shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Seller shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Seller receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 7 contracts
Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Asset Securities Corp), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-17), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-17)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Company assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of such payments. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any failure to pay on such payments are made by the part of Mortgagor at the Mortgagor, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges they first became become due. The Servicer Company shall pay any late fee or penalty which is payable due make advances from its own funds to any delay in payment of any Property Charge after effect such delinquent payments within such time period as will avoid the earlier to occur of (a) the date on which the Servicer receives notice loss of the failure 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 Properties and related insurance premiums shall not be added to the Stated Principal Balances of the Mortgagor to pay related Mortgage Loans, notwithstanding that the terms of such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 6 contracts
Samples: Master Seller’s Warranties and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-1f)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure to pay on such payments. To the part of the Mortgagorextent that a Mortgage does not provide for Escrow Payments, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such charges on or before payments are made by the earlier of (a) any date by which payment is necessary to preserve Mortgagor at the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer shall pay any late fee 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 penalty which is payable due other lien. Advances pursuant to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which this Section 4.08 shall constitute Servicing Advances hereunder; provided that the Servicer receives notice 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 Properties and related insurance premiums shall not be added to the Stated Principal Balances of the failure related Mortgage Loans, notwithstanding that the terms of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 5 contracts
Samples: Servicing Agreement (Banc of America Funding 2006-5 Trust), Servicing Agreement (Banc of America Funding 2007-4 Trust), Servicing Agreement (Banc of America Funding 2007-2 Trust)
Payment of Taxes, Insurance and Other Charges. (ai) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges (which will constitute Servicing Advances) irrespective of each Mortgagor’s 's faithful performance in the payment of the same or the making of the Escrow Payments, and such paymentsPayments if necessary to avoid a lien or loss on the Mortgaged Property.
(bii) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances 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 the Servicer determines to be in the best interest of the Trust Fund, Trust; provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueMortgage. The Servicer shall pay any late fee or penalty (which will constitute Servicing Advances) which is payable due to any delay in payment of any Property Charge after the earlier and necessary to occur of (a) the date avoid a lien on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date loss on which such charges first became dueMortgage Property.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Cwalt Inc), Sale and Servicing Agreement (CWMBS Inc), Sale and Servicing Agreement (Cwabs Inc)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Seller shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Seller assumes full responsibility for the timely payment of all such bills and shall 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 Seller shall make advances from its own funds to effect such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Seller shall make advances 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 the Servicer Seller determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Seller shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Seller shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Seller receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 4 contracts
Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Servicing Agreement (Lehman Mortgage Trust 2007-10), Servicing Agreement (LXS 2007-3)
Payment of Taxes, Insurance and Other Charges. (ai) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges (which will constitute Servicing Advances) irrespective of each Mortgagor’s faithful performance in the payment of the same or the making of the Escrow Payments, and such paymentsPayments if necessary to avoid a lien or loss on the Mortaged Property.
(bii) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances 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 the Servicer determines to be in the best interest of the Trust Fund, Trust; provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueMortgage. The Servicer shall pay any late fee or penalty (which will constitute Servicing Advances) which is payable due to any delay in payment of any Property Charge after the earlier and necessary to occur of (a) the date avoid a lien on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date loss on which such charges first became dueMortgage Property.
Appears in 4 contracts
Samples: Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2005-4), Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2005-1), Transfer and Servicing Agreement (Structured Asset Securities Corp)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsThe Servicer may and, if required by the Servicer, the Servicer shall Subservicers shall, establish and maintain accurate records of those escrowed items one or more accounts (each, a "Servicing Account") into which are any collections from the Obligors (or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and shall obtain, related advances from time to time, all bills Subservicers) for the payment of such charges (including renewal premiums) (“Property Charges”) taxes, assessments, hazard insurance premiums and shall effect payment thereof prior to comparable items for the applicable penalty or termination date, employing for such purpose deposits account of the Mortgagor in the Escrow Obligors shall be deposited and retained. Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected from a Servicing Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall may be made only to (i) effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance taxes, assessments, hazard insurance premiums and comparable items; (ii) reimburse the Servicer (or a Subservicer to the extent provided in the payment related Subservicing Agreement) out of same related collections for any advances with respect to taxes, assessments, hazard insurance premiums and comparable items; (iii) refund to Obligors any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to Obligors on balances in the Servicing Account; or (v) clear and terminate the making Servicing Account at the termination of this Agreement in accordance with Section 11.01 hereof. As part of its servicing duties, the Escrow PaymentsServicer or Subservicers shall pay to the Obligors interest on funds in Servicing Accounts to the extent required by law and, and such payments
(b) To to the extent that a Mortgage Loan does not provide for Escrow Paymentsinterest earned on funds in the Servicing Accounts is insufficient, to pay such interest from its or their own funds, without any reimbursement from the Indenture Trustee, the Grantor Trustee, the Owner Trustee or the Depositor. Upon request of the Indenture Trustee or Grantor Trustee, the Transferor or the Servicer shall make advances from its own funds cause the bank, savings association or other depository for each Servicing Account to effect payment of all Property Charges upon receipt of notice of any failure forward to pay on the part of the MortgagorIndenture Trustee or Grantor Trustee, or at such other time as the Servicer determines to be in case may be, copies of such statements or reports as the best interest of Indenture Trustee or Grantor Trustee, the Depositor or any Grantor Trust Fund, provided, that in any event the Servicer Holder shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duereasonably request.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Master Financial Asset Securitization Trust 1998-2), Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998-1), Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1997-5)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Seller shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Seller assumes full responsibility for the timely payment of all such bills and shall 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 Seller shall make advances from its own funds to effect such payments
(b) . To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Seller shall make advances 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 the Servicer Seller determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Seller shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 3 contracts
Samples: Flow Interim Servicing Agreement (Lehman XS Trust Series 2007-15n), Flow Interim Servicing Agreement (Lehman XS Trust Series 2007-12n), Flow Interim Servicing Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event for first lien Mortgage Loans (and only if the Servicer has received notice that such payment is due in the case of any Mortgage Loan that is not a first lien Mortgage Loan) the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) in the case of first lien Mortgage Loans only, the date which is ninety days after the date on which such charges first became due.
Appears in 3 contracts
Samples: Securitization Servicing Agreement (Aames Mortgage Tr Mort Pas Thru Cert Sers 2003-1), Securitization Servicing Agreement (Structured Asset Inv Loan Mort Pass Thru Cer Ser 2003-Bc7), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 Am1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which that provides for Escrow Payments, the Servicer shall maintain accurate records of those ground rents, taxes, assessments, water rates and other escrowed items that which are or may become a lien upon the Mortgaged Property and the status of primary mortgage insurance premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) (each such charge, a “Property ChargesCharge”) and shall effect payment thereof prior to the applicable penalty or termination datedate 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the MortgageMortgage or applicable law. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges bills irrespective of each Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, and the Servicer shall make advances from its own funds to effect such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, provided that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which that is ninety 90 days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which that is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which that is ninety 90 days after the date on which that such charges first became due.
Appears in 3 contracts
Samples: Securitization Servicing Agreement (TBW 2006-3), Securitization Servicing Agreement (TBW 2006-1), Securitization Servicing Agreement (TBW 2006-2)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 Servicer shall make advances from its own funds to effect such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 3 contracts
Samples: Securitization Subservicing Agreement (Structured Asset Securities Corp 2005-S2), Securitization Subservicing Agreement (Structured Asset Securities Corp. 2005 S-3), Securitization Subservicing Agreement (Structured Asset Securities Corp 2005-S1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 3 contracts
Samples: Securitization Subservicing Agreement (Structured Asset Securities Corp 2005-S2), Securitization Subservicing Agreement (Structured Asset Securities Corp. 2005 S-3), Securitization Subservicing Agreement (Structured Asset Securities Corp 2005-S1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueMortgage. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 3 contracts
Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc3), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Ff3), Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2003-FFB)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Subservicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Subservicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Subservicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Subservicer shall make advances 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 the Servicer Subservicer determines to be in the best interest of the Trust Fund, provided, provided that in any event the Servicer Subservicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Subservicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Subservicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 3 contracts
Samples: Securitization Subservicing Agreement (Lehman XS Trust Series 2006-Gp2), Securitization Subservicing Agreement (Lehman XS Trust Series 2006-Gp1), Securitization Subservicing Agreement (Lehman XS Trust Series 2006-4n)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsThe Servicer may and, if required by the Servicer, the Servicer shall Subservicers shall, establish and maintain accurate records of those escrowed items one or more accounts (each, a "Servicing Account") into which are any collections from the Obligors (or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage and shall obtain, related advances from time to time, all bills Subservicers) for the payment of such charges (including renewal premiums) (“Property Charges”) taxes, assessments, hazard insurance premiums and shall effect payment thereof prior to comparable items for the applicable penalty or termination date, employing for such purpose deposits account of the Mortgagor in the Escrow Obligors shall be deposited and retained. Servicing Accounts shall be Eligible Accounts. Withdrawals of amounts so collected from a Servicing Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall may be made only to (i) effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance taxes, assessments, hazard insurance premiums and comparable items; (ii) reimburse the Servicer (or a Subservicer to the extent provided in the payment related Subservicing Agreement) out of same related collections for any advances with respect to taxes, assessments, hazard insurance premiums and comparable items; (iii) refund to Obligors any sums as may be determined to be overages; (iv) pay interest, if required and as described below, to Obligors on balances in the Servicing Account; or (v) clear and terminate the making Servicing Account at the termination of this Agreement in accordance with Section 11.01 hereof. As part of its servicing duties, the Escrow PaymentsServicer or Subservicers shall pay to the Obligors interest on funds in Servicing Accounts to the extent required by law and, and such payments
(b) To to the extent that a Mortgage Loan does not provide for Escrow Paymentsinterest earned on funds in the Servicing Accounts is insufficient, to pay such interest from its or their own funds, without any reimbursement from the Trust, the Indenture Trustee, Owner Trustee, the Depositor, or any Securityholder therefor. Upon request of the Indenture Trustee, the Transferor or the Servicer shall make advances from its own funds cause the bank, savings association or other depository for each Servicing Account to effect payment forward to the Indenture Trustee copies of all Property Charges upon receipt of notice of any failure to pay on the part of the Mortgagor, such statements or at such other time reports as the Servicer determines to be in Indenture Trustee, the best interest of the Trust Fund, provided, that in Depositor or any event the Servicer Securityholder shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duereasonably request.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1997-4), Sale and Servicing Agreement (Financial Asset Securities Corp), Sale and Servicing Agreement (Ditech Funding Corp Home Loan Owner Trust 1997-1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, provided that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 3 contracts
Samples: Securitization Subservicing Agreement (Amortizing Residential Collateral Trust, Series 2004-1), Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2004-9), Securitization Subservicing Agreement (Structured Asset Investment Loan Trust Series 2004-11)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which that provides for Escrow PaymentsPayments and with respect to each REO Property, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, 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 Servicer in amounts sufficient for such purposespurposes or (ii) with respect to the related REO Properties, as allowed under the terms of the MortgageServicing Advances. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 . Any Servicing Advances or Expenses to effect payments of such payments
(b) charges are reimbursable in accordance with the terms of this Agreement. To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fundapplicable Owner unless Servicer reasonably believes that an advance pursuant to this or any other section will be a Nonrecoverable Advance, providedprovided that, that in any event the Servicer shall pay such charges on or before the earlier of (ai) any date by which payment is necessary to preserve the lien status of the Mortgage or (bii) the date by which is the earlier of (A) ninety (90) days after the date on which such charges first became duedue and (B) payment is required in order to avoid the accrual of penalties or fees with respect to non-payment of such Property Charges. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after Charge, without reimbursement, caused by Servicer’s action or inaction. If the earlier Escrow Payment would constitute a Nonrecoverable Advance, Servicer will not, unless otherwise directed by the related Owner, be obligated to occur of (a) the date on which make such advance. The determination by the Servicer receives notice of that it has made a Nonrecoverable Advance or that any proposed advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by an Officer’s Certificate delivered to the failure of applicable Owner on the Mortgagor to pay such Property Charge or (b) next distribution report provided by the date which is ninety days after the date on which such charges first became dueServicer.
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. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 Mortgagorsuch payments, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, provided, which advances shall constitute Servicing Advances hereunder; provided that in any event the Servicer shall pay 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 a Mortgage does not provide for Escrow Payments, the Servicer shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such charges on or before payments are made by the earlier of (a) any date by which payment is necessary to preserve Mortgagor at the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer shall pay any late fee or penalty which is payable due make advances from its own funds to any delay in payment of any Property Charge after effect such delinquent payments within such time period as will avoid the earlier to occur of (a) the date on which the Servicer receives notice loss of the failure 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 not be added to the Scheduled Principal Balances of the Mortgagor to pay related Mortgage Loans, notwithstanding that the terms of such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (FBR Securitization, Inc.), Pooling and Servicing Agreement (First NLC Securitization, Inc.), Transfer and Servicing Agreement (FBR Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 Mortgagorsuch payments, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, which advances shall constitute Servicing Advances hereunder; provided, however, that in any event the Servicer shall pay 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 a Mortgage does not provide for Escrow Payments, the Servicer shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such charges on or before payments are made by the earlier of (a) any date by which payment is necessary to preserve Mortgagor at the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer shall pay any late fee or penalty which is payable due make Servicing Advances from its own funds to any delay in payment of any Property Charge after effect such delinquent payments within such time period as will avoid the earlier to occur of (a) the date on which the Servicer receives notice loss of the failure 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 not be added to the Scheduled Principal Balances of the Mortgagor to pay related Mortgage Loans, notwithstanding that the terms of such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Lares Asset Securitization, Inc.), Transfer and Servicing Agreement (Lares Asset Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 Servicer shall make 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.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, provided that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc2), Securitization Servicing Agreement (Structured Asset Securities Corp 2005-S4)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueMortgage. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier and necessary to occur of (a) the date avoid a lien on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date loss on which such charges first became dueMortgage Property.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (Fieldstone Mortgage Investment CORP), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-1)
Payment of Taxes, Insurance and Other Charges. (ai) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Seller shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Seller assumes full responsibility for the timely payment of all such bills and shall 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 Seller shall make advances from its own funds to effect such payments.
(bii) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Seller shall make advances 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 the Servicer Seller determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Seller shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Seller shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Seller receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-7n), Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-15n)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which that provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The 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 payment payments of all such charges bills irrespective of each the Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, Payments and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances from its own funds to effect payment such payments within the time period required to avoid penalties and interest and no later than to avoid the loss of all the related Mortgaged Property Charges upon receipt by foreclosure from a tax or other lien. Servicer will have the tight to be reimbursed from the Mortgagor for such advances of notice 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 failure Mortgagor that fails to pay taxes on the part of Mortgaged property in a timely manner. Notwithstanding the Mortgagorforegoing, or at such other time as if the Servicer determines that such Servicing Advance would be a Nonrecoverable Advance, the Servicer shall have no obligation to be 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 best interest case of the Trust Funda Nonrecoverable Advance, provided, that in any event the Servicer shall pay any such charges on penalties or before costs which accrued. With respect to each second lien Mortgage Loan, the earlier of (a) any date by which payment is necessary to preserve Servicer shall use reasonable efforts, for the lien status protection of the Mortgage Owner’s interest, to file (or (bcause to be filed) the date which is ninety days after the date on which 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 charges first became duejunior lienholder’s equity of redemption. The Servicer shall pay also use reasonable efforts to notify any late fee known superior lienholder in writing of the existence of the Mortgage Loan and request notification of any action (as described below) to be taken against the Mortgagor or penalty which the Mortgaged Property by the superior lienholder. If the Servicer is payable due 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 delay 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 payment the best interests of any the Owner. The Servicer shall not 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 Mortgage Loan had a lien senior to the Mortgage Loan on the related Mortgaged Property Charge after as of the earlier related Cut-off Date, then the Servicer, in its capacity as interim servicer, may consent to occur the refinancing of the prior senior lien, provided that the following requirements are met:
(ai) the date on which resulting Combined Loan-to-Value Ratio of such Mortgage Loan is no higher than the Servicer receives notice of the failure of the Mortgagor Combined Loan-to-Value Ratio prior to pay such Property Charge or refinancing; and
(bii) the date which interest rate, or, in the case of an adjustable rate existing senior lien, the maximum interest rate, for the loan evidencing the refinanced senior lien is ninety days after no more than 2.0% higher than the interest rate or the maximum interest rate, as the case may be, on the loan evidencing the existing senior lien immediately prior to the date on which of such charges first became duerefinancing; and
(iii) the loan evidencing the refinanced senior lien is not subject to negative amortization.
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. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust FundIndenture Trustee and the Securityholders, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 2 contracts
Samples: Securitization Subservicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2), Securitization Subservicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3)
Payment of Taxes, Insurance and Other Charges. (ai) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges (which will constitute Servicing Advances) irrespective of each Mortgagor’s faithful performance in the payment of the same or the making of the Escrow Payments, and such paymentsPayments if necessary to avoid a lien or loss on the Mortgaged Property.
(bii) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances 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 the Servicer determines to be in the best interest of the Trust Fund, Trust; provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueMortgage. The Servicer shall pay any late fee or penalty (which will constitute Servicing Advances) which is payable due to any delay in payment of any Property Charge after the earlier and necessary to occur of (a) the date avoid a lien on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date loss on which such charges first became dueMortgage Property.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Indymac Abs Inc), Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2006-1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment make Servicing Advances of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, and such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds Servicing Advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, provided that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety (90) days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (Wells Fargo Home Equity Trust Mort Pass Thru Cert Ser 2004-1), Securitization Servicing Agreement (Wells Fargo Home Equity Trust Mort Pass Thru Cert Ser 2004-1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such paymentspayments shall constitute Servicing Advances hereunder.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds Servicing Advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueMortgage. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge beyond ten days after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge; provided, however, that the Servicer shall not be required to pay any late fees or penalties to the extent that the Property Charge was delinquent on the Closing Date or Servicing Transfer Date, as applicable, and the Servicer did not receive notice of the failure of the Mortgagor to pay such Property Charge.
(bc) The Servicer shall provide such real estate tax processing, delinquent tax control, tax status determination, and customer support services (collectively, the date which is ninety days after “Tax Services”) as the date on which Servicer typically provides for other escrowed and non-escrowed mortgage loans that it services. In its sole discretion, the Servicer may elect to outsource any or all of the Tax Services; provided, that the Servicer shall remain liable to the Master Servicer, the Trustee and the Trust Fund for the performance of all such charges first became dueservices. The Servicer shall not be responsible for the costs and expenses relating to the initial life of loan Tax Services contracts purchased with respect to the Mortgage Loans. The costs associated with the Tax Services shall not be deemed Servicing Advances hereunder.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc10), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003-Bc2)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each First Lien Mortgage Loan which provides for Escrow PaymentsPayments to be made, the Servicer shall maintain accurate records reflecting the status of those escrowed items 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 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 datedate 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The 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 the value of the related Mortgaged Property. 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 payment payments of all such charges bills irrespective of each the Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, Payments and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments within the time period required to pay on avoid penalties and interest and avoid the part loss of the Mortgagorrelated 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, if Servicer fails to make a Servicing Advance with respect to any payment prior to the date on which late payment penalties or at such other time as costs related to protecting the Servicer determines to be in the best interest of the Trust Fundlien accrue, provided, that in any event the Servicer shall pay any such charges on penalties or before the earlier of (a) any date by costs which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueaccrued.
Appears in 2 contracts
Samples: Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Oa1), Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa2)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds Servicing Advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueMortgage. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge beyond ten days after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge; provided, however that the Servicer shall not be required to pay any late fees or penalties to the extent that the Property Charge was delinquent on the Transfer Date and the Servicer did not receive notice of the failure of the Mortgagor to pay such Property Charge.
(c) The Servicer shall provide such real estate tax processing, delinquent tax control, tax status determination, and customer support services (collectively, the “Tax Services”) as the Servicer typically provides for other escrowed and non-escrowed mortgage loans that it services. In its sole discretion, the Servicer may elect to outsource any or (b) all of the date which is ninety days after Tax Services; provided, that the date on which Servicer shall remain liable to the Master Servicer, the Trustee and the Trust Fund for the performance of all such charges first became dueservices. The Servicer shall not be responsible for the costs and expenses relating to the initial life of loan Tax Services contracts purchased with respect to the Mortgage Loans. The costs associated with the Tax Services shall not be deemed Servicing Advances hereunder.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc1), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002 Hf2)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Company shall maintain maintain, or cause to be maintained, accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of Primary Mortgage Insurance Policy premiums and fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and Company shall 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.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances Advances 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 the Servicer Company determines to be in the best interest of the Trust FundOwner, provided, that in any event the Servicer Company shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Company shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Company receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Lehman XS Trust Series 2007-2n), Sale and Servicing Agreement (Lehman XS Trust Series 2007-15n)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items which property taxes, assessments and other charges 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 and flood insurance, all as required hereunder. If a Mortgage Loan requires Escrow Payments, the Servicer 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 datedate in a manner 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The If a Mortgage Loan does not require Escrow Payments, or 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 effect timely monitor the payment status of all such charges irrespective of each (including renewal premiums) by the related Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the . The Servicer shall make advances from its own funds to effect payment of such charges in a manner consistent with Acceptable Servicing Procedures and, in all Property Charges upon receipt of notice events, prior to the foreclosure of any failure lien against the Mortgaged Property resulting from non-payment of such property taxes, assessments and other charges and prior to pay on the part termination of any such insurance coverage; provided that, the Mortgagor, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty (without reimbursement therefore), which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which by the Servicer receives notice in paying any such property taxes, assessments and other charges; provided, further, that to the extent that the funds were not escrowed by the Servicer, if the Servicer is unable to recover such late fees or penalties from the Mortgagor, the Servicer shall be entitled to be reimbursed for all such late fees or penalties as a Nonrecoverable Advance pursuant to Section 2.5(v) of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duethis Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1), Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Interim Servicer shall maintain accurate records reflecting the status of those escrowed items 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 shall obtain, from time to time, all bills for the payment of such charges (charges, including insurance renewal premiums) (“Property Charges”) premiums and shall effect payment thereof prior to the applicable penalty or termination datedate 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 Interim Servicer in amounts sufficient for such purposes, as allowed under the terms of the MortgageMortgage and 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 Interim Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment payments of all such charges bills irrespective of each the Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, Payments and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure to pay on such payments. Upon the part termination of the MortgagorInterim Servicing Period or the transfer of servicing with respect to any Mortgage Loan, or at such other time the successor servicer shall reimburse the Interim Servicer for amounts the Interim Servicer actually expended as interim servicer pursuant to this Agreement for which the Interim Servicer determines would have otherwise been entitled to be in reimbursed and which would otherwise have been recovered by the best interest Interim Servicer pursuant to this Agreement but for the appointment of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duesuccessor servicer.
Appears in 2 contracts
Samples: Master Mortgage Loan Purchase Facility (Contifinancial Corp), Master Repurchase Agreement (Contifinancial Corp)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which that provides for Escrow Payments, the Servicer shall maintain accurate records of those ground rents, taxes, assessments, water rates and other escrowed items that which are or may become a lien upon the Mortgaged Property and the status of primary mortgage insurance premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) (each such charge, a “Property ChargesCharge”) and shall effect payment thereof prior to the applicable penalty or termination datedate 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the MortgageMortgage or applicable law. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges bills irrespective of each Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, and the Servicer shall make advances from its own funds to effect such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, provided that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which that is ninety 90 days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which that is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which that is ninety 90 days after the date on which that such charges first became due.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-4), Securitization Servicing Agreement (TBW Mortgage-Backed Trust Series 2007-2)
Payment of Taxes, Insurance and Other Charges. (ai) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges (which will constitute Servicing Advances) irrespective of each Mortgagor’s 's faithful performance in the payment of the same or the making of the Escrow Payments, and such paymentsPayments if necessary to avoid a lien or loss on the Mortaged Property.
(bii) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances 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 the Servicer determines to be in the best interest of the Trust Fund, Trust; provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueMortgage. The Servicer shall pay any late fee or penalty (which will constitute Servicing Advances) which is payable due to any delay in payment of any Property Charge after the earlier and necessary to occur of (a) the date avoid a lien on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date loss on which such charges first became dueMortgage Property.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2005-2)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the REIT Servicer shall maintain accurate and customary servicing records reflecting the status of those escrowed items taxes, assessments, fire and hazard insurance premiums and other charges which are or may become a lien upon the Mortgaged Property and Property. As to those Mortgage Loans which are the status subject of fire and hazard insurance coverage and 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) (“Property Charges”) subject to the Escrow Account and shall effect payment thereof prior to the applicable penalty or termination date, 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the MortgageMortgagor. The REIT Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges 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 each Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Paymentsand, if necessary, the REIT Servicer shall make advances Servicing Advances from its own funds to effect payment such payments (subject to the REIT Servicer’s right of all Property Charges upon receipt of notice of any failure reimbursement from the Escrow Account pursuant to pay on Section 4.06(c)(ii) or the part of the Mortgagor, or at such other time as the Servicer determines Blocked Account pursuant to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueSection 4.05(a)(i)).
Appears in 1 contract
Samples: Reit Servicing Agreement (MortgageIT Holdings, Inc.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment make Servicing Advances of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds Servicing Advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, provided that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety (90) days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Samples: Servicing Agreement (Wells Fargo Asset Securities Corp)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 Mortgagorsuch payments, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, which advances shall constitute Servicing Advances hereunder; provided, however, that in any event the Servicer shall pay 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 a Mortgage does not provide for Escrow Payments, the Servicer shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such charges on or before payments are made by the earlier of (a) any date by which payment is necessary to preserve Mortgagor at the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer shall pay any late fee or penalty which is payable due make advances from its own funds to any delay in payment of any Property Charge after effect such delinquent payments within such time period as will avoid the earlier to occur of (a) the date on which the Servicer receives notice loss of the failure 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 not be added to the Scheduled Principal Balances of the Mortgagor to pay related Mortgage Loans, notwithstanding that the terms of such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (FBR Securitization Trust 2005-1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s '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.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances 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 the Servicer Company determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Company shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Company shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Company receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan for which provides for the Mortgagor is required to escrow Escrow PaymentsPayments with the Servicer, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The In such instances, the Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 Mortgagorsuch payments, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, provided, which advances shall constitute Servicing Advances hereunder; provided that in any event the Servicer shall pay such charges 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 costs incurred by the Servicer, if any, in effecting the timely payments of taxes and assessments on or before the earlier of (a) any date by which payment is necessary Mortgaged Properties and related insurance premiums shall not be added to preserve the lien status Stated Principal Balances of the related Mortgage or (b) Loans, notwithstanding that the date terms of such Mortgage Loans so permit. With regard to any Second Lien Mortgage Loans for which the Mortgagor is ninety days after not required to escrow Escrow Payments with the date on which such charges first became due. The Servicer, the Servicer shall pay use reasonable efforts consistent with Accepted Servicing Practices to determine that any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of such payments are made by the Mortgagor and that the Mortgaged Property is not lost to pay a tax lien as a result of nonpayment and that such Mortgage is not left uninsured 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 Charge or (b) to avoid the date which is ninety days after the date on which such charges first became dueimposition of a tax lien.
Appears in 1 contract
Samples: Flow Servicing Agreement (Luminent Mortgage Trust 2006-7)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Structured Asset Securities Corp)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which that provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The 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 payment payments of all such charges bills irrespective of each the Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, Payments and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances from its own funds to effect payment such payments within the time period required to avoid penalties and interest and no later than to avoid the loss of all the related Mortgaged Property Charges upon receipt by foreclosure from a tax or other lien. Servicer will have the tight to be reimbursed from the Mortgagor for such advances of notice 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 failure Mortgagor that fails to pay taxes on the part of Mortgaged property in a timely manner. Notwithstanding the Mortgagorforegoing, or at such other time as if the Servicer determines that such Servicing Advance would be a Nonrecoverable Advance, the Servicer shall have no obligation to be 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 best interest case of the Trust Funda Nonrecoverable Advance, provided, that in any event the Servicer shall pay any such charges 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 to notify any known superior lienholder in writing of the existence of the Mortgage Loan and request notification of any action (as described below) to be taken against the Mortgagor 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 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 or before the earlier of (a) any date by which payment related Mortgage Loan.The Servicer shall thereafter take such action as is necessary to preserve recover the amount so advanced. If the Mortgage relating to a Mortgage Loan had a lien status senior to the Mortgage Loan on the related Mortgaged Property as of the Mortgage or 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:
(bi) the date which resulting Combined Loan-to-Value Ratio of such Mortgage Loan is ninety days after no higher than the Combined Loan-to-Value Ratio prior to such refinancing; and
(ii) the interest rate, or, in the case of an adjustable rate existing senior lien, the maximum interest rate, for the loan evidencing the refinanced senior lien is no more than 2.0% higher than the interest rate or the maximum interest rate, as the case may be, on the loan evidencing the existing senior lien immediately prior to the date on which of such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of refinancing; and
(aiii) the date on which loan evidencing the Servicer receives notice of the failure of the Mortgagor refinanced senior lien is not subject to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duenegative amortization.
Appears in 1 contract
Samples: Servicing Agreement (Deutsche Alt-a Securities Inc)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 Servicer shall make advances from its own funds to effect such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, provided that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (SASCO Mortgage Pass-Through Certifidates, Series 2005-Wmc1)
Payment of Taxes, Insurance and Other Charges. Borrower shall pay all (a) With respect taxes and special assessments levied or to each Mortgage Loan which provides for Escrow Payments, be levied against the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
Property; (b) To leasehold payments or ground rents on the extent Property; (c) Community Association Dues, Fees, and Assessments, (c) governmental or municipal charges, fines, and impositions; (d) other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property. The phrase “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a Mortgage Loan does not provide for Escrow Paymentscondominium association, homeowners association or similar organization. Borrower shall pay these obligations on time directly to the Servicer shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any entity owed the payment. If failure to pay would adversely affect Xxxxxx’s interest in the Property, upon Xxxxxx’s request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Xxxxxxxx fails to make these payments, fails to perform any other covenants and agreements contained in this SEM, or there is a legal proceeding that may significantly affect Xxxxxx's rights in the Property (such as a proceeding in bankruptcy, for condemnation, or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes and hazard insurance. Any amounts disbursed by Xxxxxx under this paragraph shall become an additional debt of Xxxxxxxx and be secured by this SEM. These amounts shall bear interest from the date of disbursement at a rate of the current value of funds to the United States Treasury in effect on the date of the date of disbursement and, at the option of Lender, shall be immediately due and payable. The current value of funds rate is prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Borrower shall promptly discharge any lien which has priority over this SEM or is subordinate to this SEM unless the lien has priority as provided in Paragraph 9. If Lender determines that any part of the MortgagorProperty is subject to a lien that may either attain priority over this SEM or be subordinate to this SEM, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or at such other time as the Servicer determines to be in the best interest take one or more of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of actions set forth above within ten (a10) any date by which payment is necessary to preserve the lien status days of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment giving of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duenotice.
Appears in 1 contract
Samples: Shared Equity Note
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s '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, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments and such amounts shall not be added to pay on the part unpaid principal balance of the Mortgagorrelated Mortgage Loan, or at such other time as notwithstanding that the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status terms of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueLoan so permit. The obligation of the Servicer shall pay to make such Servicing Advances is mandatory, notwithstanding any late fee or penalty which is payable due other provision of this Agreement, and, with respect to any delay Mortgage Loan or REO Property, shall continue through the last Monthly Payment due prior to the payment in payment full of any Property Charge after the earlier Mortgage Loan, or through the last Remittance Date prior to occur the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (aincluding REO Disposition Proceeds, Insurance Proceeds and Condemnation Proceeds) with respect to the date on which Mortgage Loan; provided that, notwithstanding anything herein to the contrary, no Servicing Advance shall be required to be made hereunder by the Servicer receives notice of if such Servicing Advance would, if made, constitute a nonrecoverable Servicing Advance. The determination by the failure of Servicer that it has made a nonrecoverable Servicing Advance or that any proposed Servicing Advance, if made, would constitute a nonrecoverable Servicing Advance, shall be evidenced by an Officers' Certificate delivered to the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duePurchaser.
Appears in 1 contract
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2006-5)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust FundOwner, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Samples: Flow Subservicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which that provides for Escrow Payments, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items 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 shall obtain, from time to time, all bills for the payment of such charges (charges, including insurance renewal premiums) (“Property Charges”) premiums and shall effect payment thereof prior to the applicable penalty or termination datedate 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 Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the MortgageMortgage and 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 Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payment payments of all such charges 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 each the Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds to effect payment such payments. The Company will be responsible for the administration of all Property Charges upon receipt the Escrow Account and will be obligated to make advances to such account when and as necessary to avoid the lapse of notice of any failure to pay insurance coverage on the part Mortgaged Property, or which the Company knows, or in the exercise of the Mortgagor, or at such other time as the Servicer determines to be in the best interest required standard of care of the Trust FundCompany hereunder should know, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve avoid the lien status loss of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable Mortgaged Property due to a tax sale or the foreclosure of a tax lien. If any delay in such payment of any Property Charge after has not been made and the earlier to occur of (a) the date on which the Servicer Company receives notice of a tax lien with respect to the failure Mortgage being imposed, the Company will, within thirty (30) days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property unless the payment of such tax lien would in the good faith judgment of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueCompany 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. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Seller shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Seller assumes full responsibility for the timely payment of all such bills and shall 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 Seller shall make advances from its own funds to effect such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Seller shall make advances 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 the Servicer Seller determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Seller shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Seller shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Seller receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting fire and hazard 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 those escrowed items ground rents, property taxes and 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 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 datedate 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Paymentsescrow payments, the Servicer shall make advances from its own funds monitor such payments to effect payment of all Property Charges upon receipt of notice of any failure to pay on determine if they are made by the part of Mortgagor at the time they become due and, if not paid by the Mortgagor, or at shall advance such other time amounts as Servicing Advances, to the extent the Servicer determines such amounts are Eligible Servicing Advances, pursuant to be in Section 5.15. To the best interest extent ground lease payments are not made by the Mortgagor, and the Servicer has notice of the Trust Fundsuch failure to pay, provided, that in any event the Servicer shall pay advance such charges on or before delinquent payments, to the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which extent the Servicer receives notice of determines such amounts are Eligible Servicing Advances, pursuant to Section 5.15. Any out-of-pocket expenses incurred by the failure of Servicer or the Mortgagor Advancing Party pursuant to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duethis Section 5.05 shall constitute Servicing Advances.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each escrowed Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Company assumes full responsibility responsibility, on escrowed Mortgage Loans, for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments, which advances shall constitute Servicing Advances hereunder; provided that the Company shall be required to pay on so advance only to the part of extent that the MortgagorCompany, or at such other time as in its good faith judgment, believes the Servicer determines Servicing Advance to be recoverable from late collections of Escrow Payments, Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such payments are made by the best interest of Mortgagor at the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer Company shall pay any late fee 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 penalty which is payable due 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 not be added to the Stated Principal Balances of the related Mortgage Loans, notwithstanding that the terms of such Mortgage Loans so permit. Notwithstanding the foregoing, funds advanced by the Company related to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice or all of the failure of above, shall be deemed Servicing Advances and payable from the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueCustodial Account.
Appears in 1 contract
Samples: Flow Sale and Servicing Agreement (ABFC 2006-Opt2 Trust)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of premiums on any Primary Mortgage Insurance Policy and on all flood, fire and other hazard insurance coverage required to be kept in force pursuant to this 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 datedate 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 Servicer Company 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, the Company shall determine that any such payments are made by the Mortgagor at the time they first become due. The Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payment payments of all such charges bills irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, Payments and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds to effect payment such payments. The Company shall furnish to the Purchaser as of December 31st of each year an Officer's Certificate certifying that all ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property Charges upon receipt of notice of relating to any failure to pay Mortgage Loan, together with the premiums on the part of the Mortgagorany Primary Mortgage Insurance Policy and on all flood, or at such fire and other time as the Servicer determines hazard insurance required to be kept in the best interest of the Trust Fundforce pursuant to this Agreement, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duehave been paid.
Appears in 1 contract
Samples: Master Seller's Warranty and Servicing Agreement (Asset Backed Securities Corp)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
(c) Notwithstanding anything set forth in clauses (a) and (b) above, in no event shall the Servicer be obligated to make an advance under this section 2.08 if at the time of such advance it deems such advance to be non-recoverable. Upon determining that any advance is non-recoverable, the Servicer shall promptly deliver an officer’s certificate to the Purchaser setting forth the reason for such determination.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 Bc1)
Payment of Taxes, Insurance and Other Charges. Borrower shall pay all (a) With respect taxes and special assessments levied or to each Mortgage Loan which provides for Escrow Paymentsbe levied against the Property; (b) leasehold payments or ground rents on the Property; (c) Community Association Dues, the Servicer shall maintain accurate records of those escrowed Fees, and Assessments, (c) governmental or municipal charges, fines, and impositions; (d) other items which can attain priority over this Security Instrument as a or on the Property. The phrase “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. Borrower shall pay these obligations on time directly to the entity owed the payment. If failure to pay would adversely affect Lender’s interest in the Property, upon Lender’s request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments, fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may become significantly affect Lender's rights in the Property (such as a lien upon proceeding in bankruptcy, for condemnation, or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the Mortgaged value of the Property and Lender's rights in the status Property, including payment of fire taxes and hazard insurance coverage insurance. Any amounts disbursed by Lender under this Paragraph 2 shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall obtainbear Interest from the date of disbursement at the Note rate and, from time at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless the lien has priority as provided in Paragraph 9 or Borrower: (a) agrees in writing 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated obligation secured by the Servicer lien in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
a manner acceptable to Lender; (b) To contests in good faith the extent lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 MortgagorProperty is subject to a lien that may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or at such other time as the Servicer determines to be in the best interest take one or more of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status actions set forth above within 10 days of the Mortgage or (b) the date which is ninety giving of notice. Within 10 days after of the date on which such charges first became due. The Servicer that notice is given, Borrower shall pay any late fee satisfy the lien or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice take one or more of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueactions set forth above.
Appears in 1 contract
Samples: Purchase Agreement
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 Mortgagorsuch payments, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, provided, which advances shall constitute Servicing Advances hereunder; provided that in any event 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 on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of if the Mortgage or (b) the date which is ninety days after the date on which does not provide for Escrow Payments until such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which 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, failure to pay any such amount could result in the imposition of late payment fees or penalties or a superior lien being imposed on the Mortgaged Property 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 be added to the Stated Principal Balances of the failure related Mortgage Loans, notwithstanding that the terms of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage 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. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such paymentspayments shall constitute Servicing Advances hereunder.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds Servicing Advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became dueMortgage. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge beyond ten days after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge; provided, however, that the Servicer shall not be required to pay any late fees or penalties to the extent that the Property Charge was delinquent on the Servicing Transfer Date and the Servicer did not receive notice of the failure of the Mortgagor to pay such Property Charge.
(c) The Servicer shall provide such real estate tax processing, delinquent tax control, tax status determination, and customer support services (collectively, the “Tax Services”) as the Servicer typically provides for other escrowed and non-escrowed mortgage loans that it services. In its sole discretion, the Servicer may elect to outsource any or (b) all of the date which is ninety days after Tax Services; provided, that the date on which Servicer shall remain liable to the Master Servicer, the Trustee and the Trust Fund for the performance of all such charges first became dueservices. The Servicer shall not be responsible for the costs and expenses relating to the initial life of loan Tax Services contracts purchased with respect to the Mortgage Loans. The costs associated with the Tax Services shall not be deemed Servicing Advances hereunder.
Appears in 1 contract
Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 Bc1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which that provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The 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 payment payments of all such charges bills irrespective of each the Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, Payments and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments within the time period required to pay on avoid the part loss of the Mortgagorrelated Mortgaged Property by foreclosure from a tax or other lien; provided that the Servicer shall use its best efforts to make such Servicing Advances within 60 days of knowledge that such payments are delinquent and, or at in any event within 90 days of such other time as notice. Notwithstanding the foregoing, if the Servicer determines to that such Servicing Advance would be in the best interest of the Trust Funda Nonrecoverable Advance, provided, that in any event the Servicer shall pay have no obligation to make such charges on or before Servicing Advance. If the earlier of (a) Servicer fails to make a Servicing Advance with respect to any date by which payment is necessary prior to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The 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 late fee such penalties or penalty costs which is payable due to any delay in payment of any Property Charge accrued after the earlier to occur of date which was thirty (a30) Business Days after the date on which the Servicer receives notice had knowledge that such payment had not been made by the Mortgagor; provided that, in any event, Servicer shall pay such penalties or costs within the time period required to avoid the loss of the failure of the Mortgagor related Mortgaged Property by foreclosure from a lien related to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duea tax payment delinquency.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Seller shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Seller assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Seller shall make advances 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 the Servicer Seller determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Seller shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Seller shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Seller receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Subservicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Subservicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Subservicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Subservicer shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments, which advances shall constitute Servicing Advances hereunder; provided, however, that the Subservicer shall be required to pay on so advance only to the part of extent that the MortgagorSubservicer, or at such other time as in its good faith judgment, believes the Servicer determines Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that a Mortgage does not provide for Escrow Payments, the Subservicer shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such payments are made by the best interest of Mortgagor at the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer Subservicer shall pay any late fee or penalty which is payable due make advances from its own funds to any delay in payment of any Property Charge after effect such delinquent payments within such time period as will avoid the earlier to occur of (a) the date on which the Servicer receives notice loss of the failure 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 not be added to the Scheduled Principal Balances of the Mortgagor to pay related Mortgage Loans, notwithstanding that the terms of such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (FBR Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Company assumes full responsibility for the timely payment of all such bills and shall 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.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances 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 the Servicer Company determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Company shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Company shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Company receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which that provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The 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 payment payments of all such charges bills irrespective of each the Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, Payments and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments within the time period required to pay on avoid the part loss of the Mortgagorrelated Mortgaged Property by foreclosure from a tax or other lien. Notwithstanding the foregoing, or at such other time as if the Servicer reasonably determines that such Servicing Advance would be a Nonrecoverable Advance, the Servicer shall have no obligation to be in make such Servicing Advance. If Servicer fails to make a Servicing Advance with respect to any payment prior to the best interest of date on which any late payment penalties or costs related to protecting the Trust Fundlien accrue, provided, that in any event the Servicer shall pay any such charges on penalties or before costs within the earlier of (a) any date by which payment is necessary time period required to preserve avoid the lien status loss of the Mortgage related Mortgaged Property by foreclosure from a tax or (b) other lien; provided, however, for all tax penalties and interest levied prior to the date which is ninety days after Servicing Transfer Date or as a result of the date on which such charges first became due. The actions of the prior servicer or the Purchaser, the Servicer shall pay any late fee or penalty which is payable due make Servicing Advances to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which effect such payments; provided, further, that if the Servicer receives notice of reasonably determines that such Servicing Advance would be a Nonrecoverable Advance, the failure of Servicer shall have no obligation to make such Servicing Advance. In addition, in the Mortgagor event that a Mortgage Loan is not covered 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 pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duepriority reimbursement therefore pursuant to Section 2.07.
Appears in 1 contract
Samples: Servicing Rights Purchase and Servicing Agreement (GSAA Home Equity Trust 2006-2)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
(c) Notwithstanding anything set forth in clauses (a) and (b) above, in no event shall the Servicer be obligated to make an advance under this section 2.08 if at the time of such advance it deems such advance to be non-recoverable. Upon determining that any advance is non-recoverable, the Servicer shall promptly deliver an officer’s certificate to the Purchaser setting forth the reason for such determination.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002 Hf1)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Interim Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Interim 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, the Interim Servicer shall determine that any such payments are made by the Mortgagor at the time they first become due. The Interim Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Interim Servicer shall make advances 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 Mortgagorsuch payments and such advances shall constitute Servicing Advances. In connection with its activities as servicer, or at such other time as the Servicer determines agrees to prepare and present, on behalf of itself and the Purchaser, claims to the insurer under any PMI Policy in a timely fashion in accordance with the terms of such PMI Policy and, to take such action as shall be necessary to permit recovery under any PMI Policy. Any amounts collected by the Servicer under any PMI Policy shall be deposited in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueEscrow Account.
Appears in 1 contract
Samples: Trust Agreement (New Century Alternative Mortgage Loan Trust 2006-Alt2)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each escrowed Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Company assumes full responsibility responsibility, on escrowed Mortgage Loans, for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments, which advances shall constitute Servicing Advances hereunder; provided that the Company shall be required to pay on so advance only to the part of extent that the MortgagorCompany, or at such other time as in its good faith judgment, believes the Servicer determines Servicing Advance to be recoverable from late collections of Escrow Payments, Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such payments are made by the best interest of Mortgagor at the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer Company shall pay any late fee 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 penalty which is payable due 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 not be added to the Stated Principal Balances of the related Mortgage Loans, notwithstanding that the terms of such Mortgage Loans so permit. Notwithstanding the foregoing, funds advanced by the Company related to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice or all of the failure of above, shall be deemed Servicing Advances and payable from the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueCustodial Account.
Appears in 1 contract
Samples: Flow Sale and Servicing Agreement (ABFC 2006-Opt3 Trust)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 Mortgagorsuch payments, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, which advances shall constitute Servicing Advances hereunder; provided, however, that in any event the Servicer shall pay 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 a Mortgage does not provide for Escrow Payments, the Servicer shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such charges on or before payments are made by the earlier of (a) any date by which payment is necessary to preserve Mortgagor at the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer shall pay any late fee or penalty which is payable due make advances from its own funds to any delay in payment of any Property Charge after effect such delinquent payments within such time period as will avoid the earlier to occur of (a) the date on which the Servicer receives notice loss of the failure 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 not be added to the Scheduled Principal Balances of the Mortgagor to pay related Mortgage Loans, notwithstanding that the terms of such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (First NLC Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the TRS Servicer shall maintain accurate and customary servicing records reflecting the status of those escrowed items taxes, assessments, fire and hazard insurance premiums and other charges which are or may become a lien upon the Mortgaged Property and Property. As to those Mortgage Loans which are the status subject of fire and hazard insurance coverage and an “impound account” for the payment of taxes and/or insurance, the TRS Servicer shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) (“Property Charges”) subject to the Escrow Account and shall effect payment thereof prior to the applicable penalty or termination date, 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 TRS 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 Servicer in amounts sufficient for such purposes, as allowed under the terms of the MortgageMortgagor. The TRS Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges 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 each Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Paymentsand, if necessary, the TRS Servicer shall make advances Servicing Advances from its own funds to effect payment such payments (subject to the TRS Servicer’s right of all Property Charges upon receipt of notice of any failure reimbursement from the Escrow Account pursuant to pay on Section 4.06(c)(ii) or the part of the Mortgagor, or at such other time as the Servicer determines Blocked Account pursuant to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueSection 4.05(a)(i)).
Appears in 1 contract
Samples: TRS Servicing Agreement (MortgageIT Holdings, Inc.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Seller shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Seller assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Seller shall make advances 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 the Servicer Seller determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Seller shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Seller shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Seller receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company 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, the Company shall use commercially reasonable efforts consistent with Accepted Servicing Practices to determine that any such payments are made by the Mortgagor at the time they first become due. The Servicer Company assumes full responsibility for the timely payment of all such bills and (a) with regard to Escrow Mortgage Loans, shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances 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 Mortgagorsuch payments, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or and (b) with regard to Non-Escrow Mortgage Loans, the date which Company 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; provided, however, that notwithstanding anything contained herein to the contrary, if a tax lien is ninety days after imposed on any Mortgaged Property and the date taxing authority forecloses on which such charges first became due. The Servicer Mortgaged Property, the Company shall pay any late fee or penalty which is payable due repurchase the related Mortgage Loan pursuant to any delay the procedures set forth in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueSection 3.04.
Appears in 1 contract
Samples: Seller's Warranties and Servicing Agreement (Structured Asset Securities Corp/Ny)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums, if applicable, and fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of such payments. For any failure to pay on the part of the MortgagorMortgage Loan with an established escrow account, or at such other time as the Servicer determines to be in the best interest of the Trust Fundevent that any real estate taxes or assessments in connection with a Mortgage Loan are or become delinquent, provided, that in any event then the Servicer shall pay effect payment thereof as soon as reasonably possible, and in all cases before imposition of any fines or penalties, and any such charges on or before payment shall be reimbursable as a Servicing Advance under the earlier terms of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became duethis Agreement. The Servicer shall pay pay, on behalf of the related Mortgagor out of its own funds without any late fee right of reimbursement, any penalties, fines, or penalty which is payable due to any delay other charges or interest resulting from such delinquency. Notwithstanding the foregoing in payment of any Property Charge after the earlier to occur of (a) the date on which this section, the Servicer receives notice makes no representation or warranty as to the extent or absence of homeowners’ association fees, utility fees and condominium fees, or similar charges that may encumber, in a junior lien position, any Mortgaged Property, or that may encumber in any manner any REO Property; any such fees or similar charges shall be the sole responsibility of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duerelated Mortgagor.
Appears in 1 contract
Samples: Servicing Agreement (Wells Fargo Real Estate Investment Corp.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Company assumes full responsibility for the timely payment of all such bills and shall 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 such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments, which advances shall constitute Servicing Advances hereunder; provided that the Company shall be required to pay on so advance only to the part of extent that the MortgagorCompany, or at such other time as in its good faith judgment, believes the Servicer determines Servicing Advance to be recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such payments are made by the best interest of Mortgagor at the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer Company shall pay any late fee or penalty which is payable due make advances from its own funds to any delay in payment of any Property Charge after effect such delinquent payments within such time period as will avoid the earlier to occur of (a) the date on which the Servicer receives notice loss of the failure 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 not be added to the Scheduled Principal Balances of the Mortgagor to pay related Mortgage Loans, notwithstanding that the terms of such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 1 contract
Samples: Sale and Servicing Agreement (FBR Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer Company shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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 allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. If a Mortgage does not provide for Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor. The Servicer Company assumes full responsibility for the timely payment of all such bills and shall effect timely payment payments of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Company shall make advances from its own funds to effect such payments. With respect to each Mortgage Loan for which there is no escrow for tax payments, the Company shall ensure that all taxes are current and have been paid on the related Mortgaged 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 all Property Charges upon receipt 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 notice 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 pay on recover under the part of 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 at such other time as the Servicer determines 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 terminated as a result of 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 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 Primary 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 best interest of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueEscrow Account.
Appears in 1 contract
Samples: Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-5f)
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 (a) "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 Loan which that provides for Escrow Payments, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The With respect to any Tax Contract Designated Mortgage Loan, 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. 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 payment payments of all such charges bills irrespective of each the Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, Payments and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances Servicing Advances from its own funds to effect payment of all Property Charges upon receipt of notice of any failure such payments within the time period required to pay on avoid penalties and interest and no later than to avoid the part loss of the Mortgagorrelated Mortgaged Property by foreclosure from a tax or other lien. Notwithstanding the foregoing, or at such other time as if the Servicer determines that such Servicing Advance would be a Nonrecoverable Advance, the Servicer shall have no obligation to be 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 best interest case of the Trust Funda Nonrecoverable Advance, provided, that in any event the Servicer shall pay any such charges on penalties or before the earlier of (a) any date by costs which payment is necessary to preserve the lien status of the Mortgage or (b) accrued after the date which is ninety days was thirty (30) Business Days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of had knowledge that such payment had not been made by the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgagor.
Appears in 1 contract
Samples: Servicing Agreement (Oak Street Financial Services Inc)
Payment of Taxes, Insurance and Other Charges. Borrower shall pay all (a) With respect taxes and special assessments levied or to each Mortgage Loan which provides for Escrow Payments, be levied against the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
Property; (b) To leasehold payments or ground rents on the extent Property; (c) Community Association Dues, Fees, and Assessments, (c) governmental or municipal charges, fines, and impositions; (d) other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property. The phrase “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a Mortgage Loan does not provide for Escrow Paymentscondominium association, homeowners association or similar organization. Borrower shall pay these obligations on time directly to the Servicer shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any entity owed the payment. If failure to pay would adversely affect Xxxxxx’s interest in the Property, upon Xxxxxx’s request, Borrower shall promptly furnish to Lender receipts evidencing these payments. If Xxxxxxxx fails to make these payments, fails to perform any other covenants and agreements contained in this XXX, or there is a legal proceeding that may significantly affect Xxxxxx's rights in the Property (such as a proceeding in bankruptcy, for condemnation, or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes and hazard insurance. Any amounts disbursed by Xxxxxx under this paragraph shall become an additional debt of Xxxxxxxx and be secured by this XXX. These amounts shall bear interest from the date of disbursement at a rate of the current value of funds to the United States Treasury in effect on the date of the date of disbursement and, at the option of Lender, shall be immediately due and payable. The current value of funds rate is prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Borrower shall promptly discharge any lien which has priority over this XXX or is subordinate to this XXX unless the lien has priority as provided in Paragraph 9. If Lender determines that any part of the MortgagorProperty is subject to a lien that may either attain priority over this XXX or be subordinate to this XXX, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or at such other time as the Servicer determines to be in the best interest take one or more of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of actions set forth above within ten (a10) any date by which payment is necessary to preserve the lien status days of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment giving of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duenotice.
Appears in 1 contract
Samples: Shared Appreciation Note
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow PaymentsLoan, the Servicer shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s faithful performance in the payment of same or of the making of the Escrow Payments, and such payments
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer shall make advances 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 Mortgagorsuch payments, or at such other time as the Servicer determines to be in the best interest of the Trust Fund, which advances shall constitute Servicing Advances hereunder; provided, however, that in any event the Servicer shall pay 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 a Mortgage does not provide for Escrow Payments, the Servicer shall use its reasonable efforts in accordance with Accepted Servicing Practices to determine whether any such charges on or before payments are made by the earlier of (a) any date by which payment is necessary to preserve Mortgagor at the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges time they first became become due. The Servicer shall pay any late fee or penalty which is payable due make Servicing Advances from its own funds to any delay in payment of any Property Charge after effect such delinquent payments within such time period as will avoid the earlier to occur of (a) the date on which the Servicer receives notice loss of the failure 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 not be added to the Scheduled Principal Balances of the Mortgagor to pay related Mortgage Loans, notwithstanding that the terms of such Property Charge or (b) the date which is ninety days after the date on which such charges first became dueMortgage Loans so permit.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First NLC Securitization, Inc.)
Payment of Taxes, Insurance and Other Charges. (a) With respect to each Mortgage Loan which provides for Escrow Payments, the Servicer Seller shall maintain accurate records reflecting the status of those escrowed items ground rents, taxes, assessments, water 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 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer Seller assumes full responsibility for the timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor’s 's faithful performance in the payment of same or the making of the Escrow Payments, and the Seller shall make advances from its own funds to effect such payments.
(b) To the extent that a Mortgage Loan does not provide for Escrow Payments, the Servicer Seller shall make advances 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 the Servicer Seller determines to be in the best interest of the Trust FundPurchaser, provided, that in any event the Servicer Seller shall pay such charges on or before the earlier of (a) any date by which payment is necessary to preserve the lien status of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer Seller shall pay any late fee or penalty which is payable due to any delay in payment of any Property Charge after the earlier to occur of (a) the date on which the Servicer Seller receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became due.
Appears in 1 contract
Payment of Taxes, Insurance and Other Charges. Borrower shall pay all (a) With respect taxes and special assessments levied or to each Mortgage Loan which provides for Escrow Payments, be levied against the Servicer shall maintain accurate records of those escrowed items which are or may become a lien upon the Mortgaged Property and the status of fire and hazard insurance coverage 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, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Servicer in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. The Servicer assumes full responsibility for the timely payment of all such bills and shall 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 such payments
Property; (b) To leasehold payments or ground rents on the extent Property; (c) Community Association Dues, Fees, and Assessments, (c) governmental or municipal charges, fines, and impositions; (d) other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property. The phrase “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a Mortgage Loan does not provide for Escrow Paymentscondominium association, homeowners association or similar organization. Borrower shall pay these obligations on time directly to the Servicer shall make advances from its own funds to effect payment of all Property Charges upon receipt of notice of any entity owed the payment. If failure to pay would adversely affect Xxxxxx’s interest in the Property, upon Xxxxxx’s request, Borrower shall promptly furnish to Lender receipts evidencing these payments. If Xxxxxxxx fails to make these payments, fails to perform any other covenants and agreements contained in this EPM, or there is a legal proceeding that may significantly affect Xxxxxx's rights in the Property (such as a proceeding in bankruptcy, for condemnation, or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Xxxxxx's rights in the Property, including payment of taxes and hazard insurance. Any amounts disbursed by Xxxxxx under this paragraph shall become an additional debt of Xxxxxxxx and be secured by this EPM. These amounts shall bear interest from the date of disbursement at a rate of the current value of funds to the United States Treasury in effect on the date of the date of disbursement and, at the option of Lender, shall be immediately due and payable. The current value of funds rate is prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Borrower shall promptly discharge any lien which has priority over this EPM or is subordinate to this EPM unless the lien has priority as provided in Paragraph 9. If Lender determines that any part of the MortgagorProperty is subject to a lien that may either attain priority over this EPM or be subordinate to this EPM, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or at such other time as the Servicer determines to be in the best interest take one or more of the Trust Fund, provided, that in any event the Servicer shall pay such charges on or before the earlier of actions set forth above within ten (a10) any date by which payment is necessary to preserve the lien status days of the Mortgage or (b) the date which is ninety days after the date on which such charges first became due. The Servicer shall pay any late fee or penalty which is payable due to any delay in payment giving of any Property Charge after the earlier to occur of (a) the date on which the Servicer receives notice of the failure of the Mortgagor to pay such Property Charge or (b) the date which is ninety days after the date on which such charges first became duenotice.
Appears in 1 contract
Samples: Exit Premium Note