Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator will, from time to time, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator has designated for such transfer or withdrawal pursuant to this Agreement and the Servicing Agreements: (1) to reimburse the Master Servicer or the Servicer for any Monthly Advance of its own funds, the right of the Master Servicer or the Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance was made; (2) to reimburse the Master Servicer or the Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the Servicer in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (3) to reimburse the Master Servicer or the Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds; (4) to reimburse the Master Servicer or the Servicer for advances of funds (other than Monthly Advances) made with respect to the Mortgage Loans, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1) and (4); (6) to pay the Master Servicer as set forth in Section 3.14; (7) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 and 6.03; (8) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer; (9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement; (10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement; (11) to remove amounts deposited in error; and (12) to clear and terminate the Certificate Account pursuant to Section 9.01. (b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b). (c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2004-5)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator will, from time to time, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator has designated for such transfer or withdrawal pursuant to this Agreement and the Servicing Agreements:
(1) to reimburse the Master Servicer or the Servicer for any Monthly Advance of its own funds, the right of the Master Servicer or the Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance was made;
(2) to reimburse the Master Servicer or the Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the Servicer in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3) to reimburse the Master Servicer or the Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4) to reimburse the Master Servicer or the Servicer for advances of funds (other than Monthly Advances) made with respect to the Mortgage Loans, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1) and (4);
(6) to pay the Master Servicer as set forth in Section 3.14;
(7) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 and 6.03;
(8) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12) to clear and terminate the Certificate Account pursuant to Section 9.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-2), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2004-6)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator will, from time to time, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator has designated for such transfer or withdrawal pursuant to this Agreement and the Servicing AgreementsAgreement:
(1) to reimburse the Master Servicer or the Servicer for any Monthly Advance of its own funds, the right of the Master Servicer or the Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance was made;
(2) to reimburse the Master Servicer or the Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the Servicer in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3) to reimburse the Master Servicer or the Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4) to reimburse the Master Servicer or the Servicer for advances of funds (other than Monthly Advances) made with respect to the Mortgage Loans, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1) and (4);
(6) to pay the Master Servicer as set forth in Section 3.14;
(7) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 and 6.03;
(8) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12) to clear and terminate the Certificate Account pursuant to Section 9.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-2), Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-1)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the appropriate subaccount of the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant to this Agreement and as specified in a certificate signed by a Servicing Officer (upon which the Servicing AgreementsTrustee may conclusively rely) for the following purposes:
(1i) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2ii) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iii) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided provided, that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that that: (iA) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(aSection 4.03(a) to the Master Servicer; and (iiB) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4iv) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (ix) of this Section 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Sub-Servicer, pursuant to subclauses (i), (ii), (iii) and (vi) of this Section 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the Master Servicing Fee Rate to but not including the date of payment;
(v) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain as evidenced in writing to the Trustee by the Master Servicer, as appropriate, from the Repurchase Price for any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (ix) of this Section 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Master Servicer and Sub-Servicer pursuant to subclauses (i) and (vi) of this Section 4.03(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the Master Servicing Fee Rate through the last day of the month of repurchase;
(vi) to reimburse the Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.07, 3.09 and 3.10, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5vii) to pay the Master Servicer or any Sub-Servicer, as the case may be, with respect to each Mortgage Loan that has been purchased pursuant to Section 2.02, 2.03, 2.04, 3.19 or 10.01, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of the related Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(viii) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1i) and (4vi), such reimbursement to come from the subaccount relating to the Mortgage Loan Group of which the related Mortgage Loan is a part;
(6ix) to pay the Master Servicer and any Sub-Servicer servicing compensation as set forth in Section 3.14;
(7x) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 Section 7.04(d), which, if not specifically allocable to a Mortgage Loan Group, shall be allocated between the subaccounts, pro rata, based on the Scheduled Principal Balances of the Group I Mortgage Loans and 6.03the Group II Mortgage Loans, respectively;
(8) xi) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xii) to clear and terminate the Certificate Account pursuant to Section 9.01.10.01; and
(bxiii) to remove amounts deposited in error. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(bvi), inclusive, and (viii).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute make the Available Distribution Amount to following payments in the extent on deposit priority set forth from the funds in the Certificate Account Account: (i) first, the Trustee's Fees shall be paid to the Trustee; and (ii) second, the amount distributable to the Holders of the Certificates and determined shall be payable in accordance with Section 6.01.
(c) Notwithstanding the provisions of this Section 4.03, the Master Servicer may, but is not required to, allow the Sub-Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Certificate Account or the Custody Account, any portion to which such Sub-Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of a Master Servicer, make or cause to be made such withdrawals or transfers from the appropriate subaccount of the Certificate Account as the Securities Administrator such Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) [intentionally omitted];
(ii) to reimburse the a Master Servicer or the any Sub-Servicer for any Monthly Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the a Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2iii) to reimburse the a Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular related Mortgage Loan for amounts expended by the such Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the a Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular related Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the such Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular related Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the PROVIDED THAT a Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xixii) of this Subsection 3.20(a4.03(a) to the such Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4v) to pay a Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to such Master Servicer of an amount equal to the applicable Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to such Master Servicer or any Sub-Servicer, pursuant to subclauses (ii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Master Servicing Fee Rate to but not including the date of payment;
(vi) to pay a Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to such Master Servicer of the portion of the applicable Master Servicing Fee which such Master Servicer is entitled to retain as evidenced in writing to the Trustee by such Master Servicer), as appropriate, from the Repurchase Price for any related Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Master Servicer and Sub-Servicer pursuant to subclauses (ii) and (vii) of this Subsection 4.03
(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Master Servicing Fee Rate through the last day of the month of repurchase;
(vii) to reimburse the a Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.07, 3.09 and 3.10, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5viii) to pay a Master Servicer or any Sub-Servicer, as the case may be, with respect to each related Mortgage Loan that has been purchased pursuant to Section 2.02, 2.03A, 2.04 or 10.01, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of such Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(ix) to reimburse the a Master Servicer or the any Sub-Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1ii) and (4vii), such reimbursement to come from the subaccount relating to the Mortgage Loan Group of which the related Mortgage Loan is a part;
(6x) to pay the a Master Servicer and any Sub-Servicer servicing compensation as set forth in Section 3.14;
(7xi) to reimburse the a Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 Subsection 7.04(d), which, if not specifically allocable to a Mortgage Loan Group, shall be allocated between the subaccounts, PRO RATA, based on the Scheduled Principal Balances of the Group 1 Mortgage Loans, the Group 2 Mortgage Loans, the Group 3 Mortgage Loans, Group 4 Mortgage Loans and 6.03the Group 5 Mortgage Loans, respectively;
(8) xii) to pay to the a Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xiii) to clear and terminate the Certificate Account pursuant to Section 9.01.10.01; and
(bxiv) The to remove amounts deposited in error. Each Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vii), inclusive, and (ix) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the such Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute make the Available Distribution Amount to following payments in the extent on deposit priority set forth from the funds in the Certificate Account Account:
(i) First, the Trustee's Fees shall be paid to the Trustee; and
(ii) Second, the amount distributable to the Holders of the Certificates and determined shall be payable in accordance with Section 6.01.
(c) Notwithstanding the provisions of this Section 4.03, each Master Servicer may, but is not required to, allow the Sub-Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Certificate Account or the Custody Account, any portion to which such Sub-Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the appropriate sub-account of the Certificate Account as the Securities Administrator Master Servicer or related Sub-Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the related Sub-Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) [Reserved];
(ii) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2iii) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular related Mortgage Loan for amounts expended by the Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular related Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular related Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that PROVIDED THAT the Master related Sub-Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xixii) of this Subsection 3.20(a4.03(a) to the Master related Sub-Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4v) to pay any Sub-Servicer, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which such Sub-Servicer would have been entitled to receive under its Sub-Servicing Agreement or subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to any Sub-Servicer, pursuant to subclauses (ii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Sub-Servicing Fee Rate to but not including the date of payment;
(vi) to pay any Sub-Servicer from the Repurchase Price for any related Mortgage Loan, the amount which such Sub-Servicer would have been entitled to receive under its Sub-Servicing Agreement or subclause (x) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Sub-Servicer pursuant to subclauses (ii) and (vii) of this Subsection 4.03
(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Sub-Servicing Fee Rate through the last day of the month of repurchase;
(vii) to reimburse the Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect to hereunder or under the Mortgage Loansrelated Sub-Servicing Agreement, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5viii) to pay a Master Servicer or any Sub-Servicer, as the case may be, with respect to each related Mortgage Loan that has been purchased pursuant to Section 2.02, 2.03A, 2.04 or 10.01, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of such Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(ix) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1ii) and (4vii), such reimbursement to come from the sub-account relating to the Mortgage Loan Group of which the related Mortgage Loan is a part;
(6x) to pay the any Sub-Servicer servicing compensation and Master Servicer Compensation as set forth in Section 3.14;
(7xi) to reimburse the Master Servicer, any Sub-Servicer or the Trustee for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 7.03, 7.04(d) or 11.03, which, if not specifically allocable to a Mortgage Loan Group, shall be allocated between the sub-accounts, PRO RATA, based on the Scheduled Principal Balances of the Group 1 Mortgage Loans, the Group 2 Mortgage Loans, the Group 3 Mortgage Loans and 6.03the Group 4 Mortgage Loans, respectively;
(8) xii) to pay to the Master related Sub-Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9xiii) to reimburse or pay the a Sub-Servicer for any such amounts as are due thereto to which it is entitled to reimbursement under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related terms of its Sub-Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xiv) to clear and terminate the Certificate Account pursuant to Section 9.01.10.01; and
(bxv) to remove amounts deposited in error. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vii), inclusive, and (ix) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute make the Available Distribution Amount to following payments in the extent on deposit priority set forth from the funds in the Certificate Account Account:
(i) First, the amount of investment earnings, net of losses, to the Master Servicer; and
(ii) Second, the amount distributable to the Holders of the Certificates and determined shall be payable in accordance with Section 6.01.
(c) Notwithstanding the provisions of this Section 4.03, the Master Servicer may, but is not required to, allow the Sub-Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Master Servicer Collection Account or the Custody Account, any portion to which such Sub-Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) to reimburse the Master Servicer or the any Servicer for any Monthly Advance of its own funds or any advance of such Servicer's own funds, the right of the Master Servicer or the a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2ii) to reimburse the Master Servicer or the any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iii) to reimburse the Master Servicer or the any Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that PROVIDED THAT the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4iv) to pay the Master Servicer or any Servicer (payment to any Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor;
(v) to pay the Master Servicer or any Servicer (payment to any Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain) from the Repurchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation;
(vi) to reimburse the Master Servicer or the any Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.11 and 3.12, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5vii) to reimburse the Master Servicer or the any Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1i) and (4vi);
(6viii) to pay the Master Servicer as set forth in Section 3.143.16;
(7ix) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 7.04(c) and 6.03(d) and 11.03;
(8) x) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9xi) to clear and terminate the Certificate Account pursuant to Section 10.01;
(xii) to reimburse or pay the any Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11xiii) to remove amounts deposited in error; and
(12xiv) to clear and terminate withdraw investment earnings on amounts in the Certificate Account pursuant to as described in Section 9.01.
(b) 4.02(c). The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vi), inclusive, and (viii) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute pay the Available Distribution Amount to the extent on deposit in the Certificate Account amount distributable to the Holders of the Certificates and determined by payable in accordance with Section 6.01 from the Securities Administratorfunds in the Certificate Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator will, from time to time, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator has designated for such transfer or withdrawal pursuant to this Agreement and the Servicing AgreementsAgreement:
(1) to reimburse the Master Servicer or the Servicer for any Monthly Advance of its own funds, the right of the Master Servicer or the Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance was made;
(2) to reimburse the Master Servicer or the Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the Servicer in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3) to reimburse the Master Servicer or the Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4) to reimburse the Master Servicer or the Servicer for advances of funds (other than Monthly Advances) made with respect to the Mortgage Loans, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1) and (4);
(6) to pay the Master Servicer as set forth in Section 3.14;
(7) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 and 6.03;
(8) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12) to clear and terminate the Certificate Account pursuant to Section 9.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.
Appears in 1 contract
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) [Reserved];
(ii) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance or Servicing Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or Servicing Advance was made;
(2iii) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that PROVIDED THAT the -------- ---- Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xixii) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4v) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Sub-Servicer, pursuant to subclauses (ii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Master Servicing Fee Rate to but not including the date of payment;
(vi) unless any such amount has already been deducted therefrom, to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain as evidenced in writing to the Trustee by the Master Servicer, as appropriate) from the Repurchase Price for any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Master Servicer and Sub-Servicer pursuant to subclauses (ii) and (vii) of this Subsection 4.03
(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Master Servicing Fee Rate through the last day of the month of repurchase;
(vii) to the extent not reimbursed pursuant to clause (iii) or (iv), to reimburse the Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect Servicing Advances pursuant to the Mortgage LoansSections 3.07, 3.09 and 3.10, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5viii) to pay the Master Servicer or any Sub-Servicer, as the case may be, with respect to each Mortgage Loan that has been purchased pursuant to Section 2.02, 2.03A, 2.04, 3.19 or 10.01 or BSMCC with respect to each Mortgage Loan purchased pursuant to Section 3.20, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of the related Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(ix) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance or advanceServicing Advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance Servicing Advance has not been reimbursed pursuant to clauses (1ii) and (4vii), such reimbursement to come from the subaccount relating to the Mortgage Loan Group of which the related Mortgage Loan is part;
(6x) to pay the Master Servicer and any Sub-Servicer servicing compensation as set forth in Section 3.14;
(7xi) on each Distribution Date, to reimburse the Master Servicer for expenses, costs costs, indemnification and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 Subsection 7.04(c) and 6.03(d), in an amount not to exceed $7,500 per month, which, if not specifically allocable to a Mortgage Loan Group, shall be allocated between the subaccounts pro rata, based upon the aggregate Scheduled Principal Balance of the related Mortgage Loan Group as of the close of business on the last day of the immediately preceding Due Period (any such amounts in excess of $7,500 being subject to reimbursement in accordance with Section 6.01(a);
(8) to xii) pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xiii) to clear and terminate the Certificate Account pursuant to Section 9.01.10.01; and
(bxiv) to remove amounts deposited in error. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vii), inclusive, and (ix) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute make the following payments in the priority set forth from Available Distribution Amount to the extent on deposit Funds in the Certificate Account (with respect to clause (i) and (ii), such payments to be allocated between Group Available Funds in each subaccount pro rata, based on the aggregate Scheduled Principal Balance of the related Mortgage Loan Group as of the close of business on the last day of the immediately preceding Due Period):
(i) First, expenses, costs, liabilities, indemnities and other amounts incurred by and reimbursable to the Trustee in accordance with Sections 8.02 and 9.05(a) and (b), in an amount not to exceed $7,500 per month, shall be paid to the Trustee (any such amounts in excess of $7,500 per month being subject to reimbursement in accordance with Section 6.01(a).);
(ii) Second, the Certificate Insurer Premium shall be paid to the Certificate Insurer in accordance with the Insurance Agreement; and
(iii) Third, the amounts distributable to the Holders of the Certificates and determined the Certificate Insurer shall be payable in accordance with Section 6.01.
(c) Notwithstanding the provisions of this Section 4.03, the Master Servicer may, but is not required to, allow the Sub-Servicers to deduct from amounts received by them or from the related Protected Account, prior to deposit in the Certificate Account, any portion to which such Sub-Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
(d) The Trustee shall be permitted to make withdrawals or transfers from the Certificate Account to remove amounts deposited by the Securities AdministratorTrustee in error.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the appropriate subaccount of the Certificate Account as the Securities Administrator Master Servicer or related Sub-Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the related Sub-Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) [intentionally omitted];
(ii) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2iii) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular related Mortgage Loan for amounts expended by the Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular related Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular related Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that PROVIDED THAT the Master related Sub-Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xixii) of this Subsection 3.20(a4.03(a) to the Master related Sub-Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4v) to pay any Sub-Servicer, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which such Sub-Servicer would have been entitled to receive under its Sub-Servicing Agreement or subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to any Sub-Servicer, pursuant to subclauses (ii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Sub-Servicing Fee Rate to but not including the date of payment;
(vi) to pay any Sub-Servicer from the Repurchase Price for any related Mortgage Loan, the amount which such Sub-Servicer would have been entitled to receive under its Sub-Servicing Agreement or subclause (x) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Sub-Servicer pursuant to subclauses (ii) and (vii) of this Subsection 4.03
(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Sub-Servicing Fee Rate through the last day of the month of repurchase;
(vii) to reimburse the Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect to hereunder or under the Mortgage Loansrelated Sub-Servicing Agreement, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5viii) to pay a Master Servicer or any Sub-Servicer, as the case may be, with respect to each related Mortgage Loan that has been purchased pursuant to Section 2.02, 2.03A, 2.04 or 10.01, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of such Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(ix) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1ii) and (4vii), such reimbursement to come from the subaccount relating to the Mortgage Loan Group of which the related Mortgage Loan is a part;
(6x) to pay the Master any Sub-Servicer servicing compensation as set forth in Section 3.14;
(7xi) to reimburse the Master Servicer, any Sub-Servicer or the Trustee for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 7.03, 7.04(d) or 11.03, which, if not specifically allocable to a Mortgage Loan Group, shall be allocated between the subaccounts, PRO RATA, based on the Scheduled Principal Balances of the Group 1 Mortgage Loans, the Group 2 Mortgage Loans and 6.03the Group 3 Mortgage Loans, respectively;
(8) xii) to pay to the Master related Sub-Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9xiii) to reimburse or pay the a Sub-Servicer for any such amounts as are due thereto to which it is entitled to reimbursement under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related terms of its Sub-Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xiv) to clear and terminate the Certificate Account pursuant to Section 9.01.10.01; and
(bxv) to remove amounts deposited in error. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vii), inclusive, and (ix) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute make the Available Distribution Amount to following payments in the extent on deposit priority set forth from the funds in the Certificate Account Account:
(i) First, the amount of investment earnings, net of losses, to the Master Servicer; and
(ii) Second, the amount distributable to the Holders of the Certificates and determined shall be payable in accordance with Section 6.01.
(c) Notwithstanding the provisions of this Section 4.03, the Master Servicer may, but is not required to, allow the Sub-Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Master Servicer Collection Account or the Custody Account, any portion to which such Sub-Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2ii) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Sub-Servicer pursuant to Section 3.15 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iii) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that PROVIDED THAT the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4iv) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub- Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor;
(v) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain) from the Repurchase Price for any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation;
(vi) to reimburse the Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.15, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5vii) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1i) and (4vi);
(6viii) to pay the Master Servicer as set forth in Section 3.143.16;
(7ix) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 7.04(c) and 6.03(d) and 11.03;
(8) x) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9xi) to clear and terminate the Certificate Account pursuant to Section 10.01;
(xii) to reimburse or pay the any Sub-Servicer any such amounts as are due thereto under the applicable Sub-Servicing Agreement and have not been retained by or paid to the Sub-Servicer, to the extent provided in the related Sub-Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11xiii) to remove amounts deposited in error; and
(12xiv) to clear and terminate withdraw investment earnings on amounts in the Certificate Account pursuant to as described in Section 9.01.
(b) 4.02(c). The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vi), inclusive, and (viii) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute pay the Available Distribution Amount to the extent on deposit in the Certificate Account amount distributable to the Holders of the Certificates payable in accordance with Section 6.01 from the funds in the Certificate Account.
(c) Notwithstanding the provisions of this Section 4.03, the Master Servicer may, but is not required to, allow the Sub-Servicers to deduct from amounts received by them or from the related Protected Account, prior to deposit in the Certificate Account, any portion to which such Sub- Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
(d) On an ongoing basis, the Trustee shall withdraw from the Certificate Account any expenses reimbursable to the Trustee pursuant to Sections 8.01 and determined by the Securities Administrator9.05.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of a Master Servicer, make or cause to be made such withdrawals or transfers from the appropriate sub-account of the Certificate Account as the Securities Administrator such Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the related Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) to reimburse the a Master Servicer or the any Sub-Servicer for any Monthly Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the a Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2ii) to reimburse the a Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular related Mortgage Loan for amounts expended by the such Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iii) to reimburse the a Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular related Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the such Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular related Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the PROVIDED THAT a Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a4.03(a) to the such Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4iv) to pay a Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to such Master Servicer of an amount equal to the applicable Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to such Master Servicer or any Sub-Servicer, pursuant to subclauses (i), (ii), (iii) and (vi) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Master Servicing Fee Rate to but not including the date of payment;
(v) to pay a Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to such Master Servicer of the portion of the applicable Master Servicing Fee which such Master Servicer is entitled to retain as evidenced in writing to the Trustee by such Master Servicer), as appropriate, from the Repurchase Price for any related Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Master Servicer and Sub-Servicer pursuant to subclauses (i) and (vi) of this Subsection 4.03
(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Master Servicing Fee Rate through the last day of the month of repurchase;
(vi) to reimburse the a Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.07, 3.09 and 3.10, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5vii) to pay a Master Servicer or any Sub-Servicer, as the case may be, with respect to each related Mortgage Loan that has been purchased pursuant to Section 2.02, 2.04, 2.05 or 10.01, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of such Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(viii) to reimburse the a Master Servicer or the any Sub-Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1i) and (4vi), such reimbursement to come from the sub-account relating to the Mortgage Loan Group of which the related Mortgage Loan is a part;
(6ix) to pay the a Master Servicer and any Sub-Servicer servicing compensation as set forth in Section 3.14;
(7x) to reimburse the a Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 Subsection 7.04(d), which, if not specifically allocable to a Mortgage Loan Group, shall be allocated among the sub-accounts, PRO RATA, based on the Scheduled Principal Balances of the Group 1 Mortgage Loans, the Group 2 Mortgage Loans and 6.03the Group 3 Mortgage Loans, respectively;
(8) xi) to pay to the a Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xii) to clear and terminate the Certificate Account pursuant to Section 9.01.10.01; and
(bxiii) The to remove amounts deposited in error. Each Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vi), inclusive, and (viii) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the such Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute make the Available Distribution Amount to following payments in the extent on deposit priority set forth from the funds in the Certificate Account Account:
(i) First, the Trustee's Fees shall be paid to the Trustee; and
(ii) Second, the amount distributable to the Holders of the Certificates and determined shall be payable in accordance with Section 6.01.
(c) Notwithstanding the provisions of this Section 4.03, each Master Servicer may, but is not required to, allow the Sub-Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Certificate Account, any portion to which such Sub-Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) [Reserved];
(ii) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance or Servicing Advance of its own funds, the right of the Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of of, or interest on on, such Mortgage Loan respecting which such Monthly Advance or Servicing Advance was made;
(2iii) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xixii) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4v) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Sub-Servicer, pursuant to subclauses (ii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Scheduled Principal Balance of such Mortgage Loan plus accrued and unpaid interest on the Scheduled Principal Balance thereof at the related Mortgage Interest Rate less the Master Servicing Fee Rate to but not including the date of payment;
(vi) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer) the portion of the Master Servicing Fee which the Master Servicer is entitled to retain as evidenced in writing to the Trustee by the Master Servicer, as appropriate, from the Repurchase Price for any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Master Servicer and Sub-Servicer pursuant to subclauses (ii) and (vii) of this Subsection 4.03(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest on the Scheduled Principal Balance thereof at the related Mortgage Interest Rate less the Master Servicing Fee Rate through the last day of the month of repurchase;
(vii) to reimburse the Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.07, 3.09 and 3.10, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5viii) to pay the Master Servicer or any Sub-Servicer, as the case may be, with respect to each Mortgage Loan that has been purchased pursuant to Section 2.03, 2.05, 2.06, 3.19 or 10.01, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of the related Mortgage Loan below the amount used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(ix) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance or advanceServicing Advance, after a Realized Liquidated Loan Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance Servicing Advance has not been reimbursed pursuant to clauses (1ii) and (4vii);
(6x) to pay the Master Servicer Servicing Fee as set forth provided in Section 3.14 and to the extent provided in Section 3.14, any servicing compensation owed to any Sub-Servicer;
(7xi) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 Subsections 7.04(c) and 6.03(d);
(8) xii) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xiii) to clear and terminate the Certificate Account pursuant to Section 9.01.10.01; and
(bxiv) to remove amounts deposited in error. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1ii) through (4vii), inclusive, and (ix) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute make the Available Distribution Amount following payments in the priority set forth from the funds in the Certificate Account:
(i) first, the Master Servicer and any Sub-Servicer servicing compensation as set forth in Subections 3.14(a) and (b) shall be paid to the Master Servicer and any Sub-Servicer to the extent such servicing compensation was not previously retained by the Master Servicer and any Sub-Servicer from collections;
(ii) second, the Trustee's Fees, reinvestment income, if any, on deposit amounts in the Certificate Account Account, and permitted expenses and indemnities up to $150,000 per calendar year (including, without limitation, any expense incurred or amount payable in connection with Section 7.03, 8.01, 8.02 and 9.05, to the extent not previously paid or reimbursed by the Master Servicer) shall be paid to the Trustee; and
(iii) third, the amount distributable to the Holders of the Certificates and determined the Certificate Insurers shall be payable in accordance with Section 6.01.
(iv) Notwithstanding the provisions of this Section 4.03 and Section 4.01(c), the Master Servicer may, but is not required to, allow the Sub-Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Certificate Account, any portion to which such Sub-Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003 -Abf1)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) to reimburse the Master Servicer or the any Servicer for any Monthly Advance of its own funds or any advance of such Servicer's own funds, the right of the Master Servicer or the a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2ii) to reimburse the Master Servicer or the any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iii) to reimburse the Master Servicer or the any Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4iv) to pay the Master Servicer or any Servicer (payment to any Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor;
(v) to pay the Master Servicer or any Servicer (payment to any Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain) from the Repurchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation;
(vi) to reimburse the Master Servicer or the any Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.11 and 3.12, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5vii) to reimburse the Master Servicer or the any Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1i) and (4vi);
(6viii) to pay the Master Servicer as set forth in Section 3.143.16;
(7ix) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 3.02, 7.04(c) and 6.03(d) and 11.03;
(8) x) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the related Servicer;
(9xi) to reimburse or pay the any Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10xii) to reimburse the Trustee, the Securities Administrator or the Custodian Trustee for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Section 9.05;
(xiii) to pay to the PMI Insurer the PMI Insurance Premium for such Distribution Date, to the extent not paid by the related Servicer pursuant to its Servicing Agreement;
(11xiv) to remove amounts deposited in error; and
(12xv) to clear and terminate the Certificate Account pursuant to Section 9.0110.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vi), inclusive, and (viii) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(c) On each Distribution Date, the Securities Administrator Trustee shall distribute the Group Available Distribution Amount to the extent on deposit in the Certificate Account Funds for each Mortgage Loan Group to the Holders of the Certificates and determined in accordance with Section 6.01.
(d) Notwithstanding the provisions of this Section 4.03, the Master Servicer may, but is not required to, allow the Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Certificate Account, any portion to which such Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Servicers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) to reimburse the Master Servicer or the any Servicer for any Monthly Advance of its own funds or any advance of such Servicer's own funds, the right of the Master Servicer or the a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2ii) to reimburse the Master Servicer or the any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iii) to reimburse the Master Servicer or the any Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that PROVIDED THAT the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4iv) to pay the Master Servicer or any Servicer (payment to any Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor;
(v) to pay the Master Servicer or any Servicer (payment to any Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain) from the Repurchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (ix) of this Subsection 4.03(a) as servicing compensation;
(vi) to reimburse the Master Servicer or the any Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.11 and 3.12, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5vii) to reimburse the Master Servicer or the any Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1i) and (4vi);
(6viii) to pay the Master Servicer as set forth in Section 3.143.16;
(7ix) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 3.02, 7.04(c) and 6.03(d) and 11.03;
(8) x) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the related Servicer;
(9xi) to clear and terminate the Certificate Account pursuant to Section 10.01;
(xii) to reimburse or pay the any Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;; and
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11xiii) to remove amounts deposited in error; and
(12) to clear and terminate the Certificate Account pursuant to Section 9.01.
(b) . The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vi), inclusive, and (viii) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute pay the Available Distribution Amount to the extent on deposit in the Certificate Account amount distributable to the Holders of the Certificates and determined payable in accordance with Section 6.01 from the funds in the Certificate Account.
(c) Notwithstanding the provisions of this Section 4.03, the Master Servicer may, but is not required to, allow the Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Certificate Account, any portion to which such Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Servicers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator will, from time to time, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator has designated for such transfer or withdrawal pursuant to this Agreement and the Servicing AgreementsAgreement:
(1) to reimburse the Master Servicer or the Servicer for any Monthly Advance of its own funds, the right of the Master Servicer or the Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance was made;
(2) to reimburse the Master Servicer or the Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the Servicer in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3) to reimburse the Master Servicer or the Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4) to reimburse the Master Servicer or the Servicer for advances of funds (other than Monthly Advances) made with respect to the Mortgage Loans, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1) and (4);
(6) to pay the Master Servicer as set forth in Section 3.14;
(7) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 and 6.03;
(8) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error;
(12) to pay the Certificate Insurer the Class II-A1D2 Premium; and
(1213) to clear and terminate the Certificate Account pursuant to Section 9.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.
Appears in 1 contract
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of a Master Servicer, make or cause to be made such withdrawals or transfers from the appropriate sub-account of the Certificate Account as the Securities Administrator such Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the related Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) [Reserved];
(ii) to reimburse the a Master Servicer or the any Sub-Servicer for any Monthly Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the a Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2iii) to reimburse the a Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular related Mortgage Loan for amounts expended by the such Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the a Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular related Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the such Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular related Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the PROVIDED THAT a Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xixii) of this Subsection 3.20(a4.03(a) to the such Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4v) to pay a Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to such Master Servicer of an amount equal to the applicable Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to such Master Servicer or any Sub-Servicer, pursuant to subclauses (ii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Master Servicing Fee Rate to but not including the date of payment;
(vi) to pay a Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to such Master Servicer of the portion of the applicable Master Servicing Fee which such Master Servicer is entitled to retain as evidenced in writing to the Trustee by such Master Servicer), as appropriate, from the Repurchase Price for any related Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Master Servicer and Sub-Servicer pursuant to subclauses (ii) and (vii) of this Subsection 4.03
(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the applicable Master Servicing Fee Rate through the last day of the month of repurchase;
(vii) to reimburse the a Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.07, 3.09 and 3.10, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5viii) to pay a Master Servicer or any Sub-Servicer, as the case may be, with respect to each related Mortgage Loan that has been purchased pursuant to Section 2.02, 2.03A, 2.04 or 10.01, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of such Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(ix) to reimburse the a Master Servicer or the any Sub-Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1ii) and (4vii), such reimbursement to come from the sub-account relating to the Mortgage Loan Group of which the related Mortgage Loan is a part;
(6x) to pay the a Master Servicer and any Sub-Servicer servicing compensation as set forth in Section 3.14;
(7xi) to reimburse the a Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 Subsection 7.04(d), which, if not specifically allocable to a Mortgage Loan Group, shall be allocated between the sub-accounts, PRO RATA, based on the Scheduled Principal Balances of the Group 1 Mortgage Loans and 6.03the Group 2 Mortgage Loans, respectively;
(8) xii) to pay to the a Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the ServicerProceeds;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xiii) to clear and terminate the Certificate Account pursuant to Section 9.01.10.01; and
(bxiv) The to remove amounts deposited in error. Each Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4vii), inclusive, and (ix) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the such Master Servicer without being deposited in the Certificate Account under Section 3.18(b4.02(b).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute make the Available Distribution Amount to following payments in the extent on deposit priority set forth from the funds in the Certificate Account Account:
(i) First, the Trustee's Fees shall be paid to the Trustee; and
(ii) Second, the amount distributable to the Holders of the Certificates and determined shall be payable in accordance with Section 6.01.
(c) Notwithstanding the provisions of this Section 4.03, each Master Servicer may, but is not required to, allow the Sub-Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Certificate Account, any portion to which such Sub-Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator will, from time to time, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator has designated for such transfer or withdrawal pursuant to this Agreement and the Servicing Agreements:
(1) to reimburse the Master Servicer or the Servicer for any Monthly Advance of its own funds, the right of the Master Servicer or the Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance was made;
(2) to reimburse the Master Servicer or the Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the Servicer in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3) to reimburse the Master Servicer or the Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a3.18(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4) to reimburse the Master Servicer or the Servicer for advances of funds (other than Monthly Advances) made with respect to the Mortgage Loans, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1i) and (4iv);
(6) to pay the Master Servicer as set forth in Section 3.14;
(7) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 3.03, 7.04(c) and 6.03(d);
(8) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12) to clear and terminate the Certificate Account pursuant to Section 9.0110.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4iv) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b3.17(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-1)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) [Reserved];
(ii) to reimburse the Master Servicer or the any Sub-Servicer for any Monthly Advance or Servicing Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or Servicing Advance was made;
(2iii) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the Master Servicer or the any Sub-Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that PROVIDED THAT the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xixii) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4v) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Sub-Servicer, pursuant to subclauses (ii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Master Servicing Fee Rate to but not including the date of payment;
(vi) unless any such amount has already been deducted therefrom, to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain as evidenced in writing to the Trustee by the Master Servicer, as appropriate) from the Repurchase Price for any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Master Servicer and Sub-Servicer pursuant to subclauses (ii) and (vii) of this Subsection 4.03
(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Master Servicing Fee Rate through the last day of the month of repurchase;
(vii) to the extent not reimbursed pursuant to clause (iii) or (iv), to reimburse the Master Servicer or the any Sub-Servicer for advances of funds (other than Monthly Advances) made with respect Servicing Advances pursuant to the Mortgage LoansSections 3.07, 3.09 and 3.10, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
; (5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1) and (4);
(6viii) to pay the Master Servicer as set forth in Section 3.14;
(7) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 and 6.03;
(8) to pay to the Master or any Sub-Servicer, as additional servicing compensationthe case may be, any Excess Liquidation Proceeds with respect to the extent not retained by the Servicer;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not each Mortgage Loan that has been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12) to clear and terminate the Certificate Account purchased pursuant to Section 9.01.
(b) The Master Servicer shall keep and maintain separate accounting2.02, on a Mortgage Loan by Mortgage Loan basis2.03A, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1) through (4) immediately above 2.04, 3.19 or 10.01 or BSMCC with respect to any such each Mortgage Loan purchased pursuant to Section 3.20, all amounts which would have been covered by such subclauses had received thereon, representing recoveries of principal that reduce the amounts not been retained by Outstanding Principal Balance of the Master Servicer without being deposited related Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the Certificate Account under Section 3.18(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders calculation of the Certificates and determined by Repurchase Price or accrued after the Securities Administrator.end of the month during which such repurchase occurs;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator will, from time to time, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator has designated for such transfer or withdrawal pursuant to this Agreement and the Servicing Agreements:
(1) to reimburse the Master Servicer or the Servicer for any Monthly Advance of its own funds, the right of the Master Servicer or the Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance was made;
(2) to reimburse the Master Servicer or the Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the Servicer in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3) to reimburse the Master Servicer or the Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4) to reimburse the Master Servicer or the Servicer for advances of funds (other than Monthly Advances) made with respect to the Mortgage Loans, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1) and (4);
(6) to pay the Master Servicer as set forth in Section 3.14;
(7) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 and 6.03;
(8) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12) to clear and terminate the Certificate Account pursuant to Section 9.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.
Appears in 1 contract
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the appropriate subaccount of the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant to this Agreement and as specified in a certificate signed by a Servicing Officer (upon which the Servicing AgreementsTrustee may conclusively rely) for the following purposes:
(1i) [intentionally omitted];
(ii) to reimburse the Master Servicer or the any Sub- Servicer for any Monthly Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2iii) to reimburse the Master Servicer or the any Sub- Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the Master Servicer or the any Sub- Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xixii) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4v) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Sub-Servicer, pursuant to subclauses (ii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the Master Servicing Fee Rate to but not including the date of payment;
(vi) to pay the Master Servicer or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain as evidenced in writing to the Trustee by the Master Servicer, as appropriate, from the Repurchase Price for any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan after any reimbursement to the related Master Servicer and Sub- Servicer pursuant to subclauses (ii) and (vii) of this Subsection 4.03
(a) exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the Master Servicing Fee Rate through the last day of the month of repurchase;
(vii) to reimburse the Master Servicer or the any Sub- Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.07, 3.09 and 3.10, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5viii) to pay the Master Servicer or any Sub-Servicer, as the case may be, with respect to each Mortgage Loan that has been purchased pursuant to Section 2.02, 2.03, 2.04, 3.19 or 10.01, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of the related Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(ix) to reimburse the Master Servicer or the any Sub- Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1ii) and (4vii), such reimbursement to come from the subaccount relating to the Mortgage Loan Group of which the related Mortgage Loan is a part;
(6x) to pay the Master Servicer and any Sub- Servicer servicing compensation as set forth in Section 3.14;
(7xi) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 Subsection 7.04(d), which, if not specifically allocable to a Mortgage Loan Group, shall be allocated between the subaccounts, pro rata, based on the Scheduled Principal Balances of the Group I Mortgage Loans and 6.03the Group II Mortgage Loans, respectively;
(8) xii) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
Proceeds; (9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xiii) to clear and terminate the Certificate Account pursuant to Section 9.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.10.01; and
Appears in 1 contract
Samples: Underwriting Agreement (Bear Stearns Mortgage Securities Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant to this Agreement and as specified in a certificate signed by a Servicing Officer (upon which the Servicing AgreementsTrustee may conclusively rely) for the following purposes:
(1i) [intentionally omitted];
(ii) to reimburse the Master Servicer or the any Sub- Servicer for any Monthly Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the Master Servicer or the a Sub-Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2iii) to reimburse the Master Servicer or the any Sub- Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Sub-Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the Master Servicer or the any Sub- Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that ;
(v) to pay the Master Servicer shall not or any Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to reimbursement for Liquidation Expenses with respect to a receive under subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Sub-Servicer, pursuant to subclauses (iii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the Master Servicing Fee Rate to but not including the date of payment;
(vi) to pay the Master Servicer or any amounts Sub-Servicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain as evidenced in writing to the Trustee by the Master Servicer, as appropriate, from the Repurchase Price for any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation, but only to the extent that the Repurchase Price with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds after any reimbursement to the related Master Servicer and Sub- Servicer pursuant to clause subclauses (xiii) and (vii) of this Subsection 3.20(a4.03
(a) to exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the Master Servicer; and (ii) such Liquidation Expenses were not included in Servicing Fee Rate through the computation last day of such Excess Liquidation Proceedsthe month of repurchase;
(4vii) to reimburse the Master Servicer or the any Sub- Servicer for advances of funds (other than Monthly Advances) made with respect pursuant to the Mortgage LoansSections 3.07, 3.09 and 3.10, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5viii) to pay the Master Servicer or any Sub-Servicer, as the case may be, with respect to each Mortgage Loan that has been purchased pursuant to Section 2.02, 2.03, 2.04, 3.19 or 10.01, all amounts received thereon, representing recoveries of principal that reduce the Outstanding Principal Balance of the related Mortgage Loan below the Outstanding Principal Balance used in calculating the Repurchase Price or representing interest included in the calculation of the Repurchase Price or accrued after the end of the month during which such repurchase occurs;
(ix) to reimburse the Master Servicer or the any Sub- Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1ii) and (4vii);
(6x) to pay the Master Servicer and any Sub-Servicer servicing compensation as set forth in Section 3.14;
(7xi) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 and 6.03Subsection 7.04(d);
(8) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12xii) to clear and terminate the Certificate Account pursuant to Section 9.01.10.01; and
(bxiii) to remove amounts deposited in error. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1i) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(bvii), inclusive, and (ix).
(cb) On each Distribution Date, the Securities Administrator Trustee shall distribute make the Available Distribution Amount to following payments in the extent on deposit priority set forth from the funds in the Certificate Account Account:
(i) First, the Trustee's Fees shall be paid to the Trustee; and
(ii) Second, the amount distributable to the Holders of the Certificates and determined shall be payable in accordance with Section 6.01.
(c) Notwithstanding the provisions of this Section 4.03, the Master Servicer may, but is not required to, allow the Sub- Servicers to deduct from amounts received by them or from the Securities Administratorrelated Protected Account, prior to deposit in the Certificate Account or the Custody Account, any portion to which such Sub- Servicers are entitled as servicing compensation (including income on Permitted Investments) or reimbursement of any reimbursable advances made by such Sub-Servicers.
Appears in 1 contract
Samples: Terms Agreement (Bear Stearns Mortgage Securities Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) to reimburse the Master Servicer or the any Servicer for any Monthly Advance of its own funds or any advance of such Servicer's own funds, the right of the Master Servicer or the a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made;
(2ii) to reimburse the Master Servicer or the any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the such Servicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iii) to reimburse the Master Servicer or the any Servicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that PROVIDED THAT the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xi) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4) to reimburse the Master Servicer or the Servicer for advances of funds (other than Monthly Advances) made with respect to the Mortgage Loans, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1) and (4);
(6) to pay the Master Servicer as set forth in Section 3.14;
(7) to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.03 and 6.03;
(8) to pay to the Master Servicer, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(9) to reimburse or pay the Servicer any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12) to clear and terminate the Certificate Account pursuant to Section 9.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account pursuant to subclauses (1) through (4) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Permitted Withdrawals and Transfers from the Certificate Account. (a) The Securities Administrator Trustee will, from time to timetime on demand of the Master Servicer, make or cause to be made such withdrawals or transfers from the Certificate Account as the Securities Administrator Master Servicer has designated for such transfer or withdrawal pursuant as specified in a certificate signed by a Servicing Officer (upon which the Trustee may conclusively rely) for the following purposes (limited in the case of amounts due the Master Servicer to those not withdrawn from the Protected Account in accordance with the terms of this Agreement and the Servicing Agreements:Agreement):
(1i) [intentionally omitted];
(ii) to reimburse the Master Servicer or the Servicer any SubServicer for any Monthly Advance or Servicing Advance of its own funds or any advance of such Sub-Servicer's own funds, the right of the Master Servicer or the Servicer a SubServicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or Servicing Advance was made;
(2iii) to reimburse the Master Servicer or the Servicer any SubServicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or the Servicer such SubServicer pursuant to Section 3.12 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan;
(3iv) to reimburse the Master Servicer or the Servicer any SubServicer from Insurance Proceeds relating to a particular Mortgage Loan for insured expenses Insured Expenses incurred with respect to such Mortgage Loan and to reimburse the Master Servicer or the such Sub-Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; provided that PROVIDED THAT the Master Servicer shall not be entitled to reimbursement for Liquidation Expenses with respect to a Mortgage Loan to the extent that (i) any amounts with respect to such Mortgage Loan were paid as Excess Liquidation Proceeds pursuant to clause (xixii) of this Subsection 3.20(a4.03(a) to the Master Servicer; and (ii) such Liquidation Expenses were not included in the computation of such Excess Liquidation Proceeds;
(4) to reimburse the Master Servicer or the Servicer for advances of funds (other than Monthly Advances) made with respect to the Mortgage Loans, and the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made;
(5) to reimburse the Master Servicer or the Servicer for any Monthly Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Monthly Advance or advance has not been reimbursed pursuant to clauses (1) and (4);
(6v) to pay the Master Servicer or any SubServicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as set forth appropriate, from Liquidation Proceeds or Insurance Proceeds received in Section 3.14connection with the liquidation of any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Sub-Servicer, pursuant to subclauses (ii), (iii), (iv) and (vii) of this Subsection 4.03(a), exceeds the Outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Interest Rate less the Master Servicing Fee Rate to but not including the date of payment;
(7vi) to reimburse pay the Master Servicer for expenses, costs and liabilities incurred or any SubServicer (payment to any Sub-Servicer to be subject to prior payment to the Master Servicer of the portion of the Master Servicing Fee which the Master Servicer is entitled to retain as evidenced in writing to the Trustee by and reimbursable to it pursuant to Sections 3.03 and 6.03;
(8) to pay to the Master Servicer, as additional appropriate) from the Repurchase Price for any Mortgage Loan, the amount which it or such Sub-Servicer would have been entitled to receive under subclause (x) of this Subsection 4.03(a) as servicing compensation, any Excess Liquidation Proceeds but only to the extent not retained by that the Servicer;
(9) Repurchase Price with respect to reimburse or pay the Servicer such Mortgage Loan after any such amounts as are due thereto under the applicable Servicing Agreement and have not been retained by or paid reimbursement to the Servicer, to the extent provided in the related Servicing Agreement;
(10) to reimburse the Trustee, the Securities Administrator or the Custodian for expenses, costs and liabilities incurred by or reimbursable to it pursuant to this Agreement;
(11) to remove amounts deposited in error; and
(12) to clear and terminate the Certificate Account pursuant to Section 9.01.
(b) The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the Certificate Account Sub-Servicer pursuant to subclauses (1ii) through and (4vii) immediately above or with respect to any such amounts which would have been covered by such subclauses had the amounts not been retained by the Master Servicer without being deposited in the Certificate Account under Section 3.18(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Available Distribution Amount to the extent on deposit in the Certificate Account to the Holders of the Certificates and determined by the Securities Administrator.this Subsection 4.03
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)