Common use of Permitted Withdrawals and Transfers from the Collection Account Clause in Contracts

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator will, from time to time on demand of a Servicer, the Master Servicer, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of the Master Servicer as set forth below in this Section 4.03, or as the Securities Administrator has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viii) of this Subsection 4.03(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor; (v) to pay the Master Servicer or any Servicer from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viii) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.14; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 and 3.31; (x) to pay Txxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xv) to clear and terminate the Collection Account pursuant to Section 10.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Date, the Master Servicer shall deposit in the Collection Account (or remit to the Securities Administrator for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Account under Section 4.02(b). (d) In order to comply with its duties under the USA PATRIOT Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties hereto, including, but not limited to, each such party's name, address and other identifying information.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-1), Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-2)

AutoNDA by SimpleDocs

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator Master Servicer will, from time to time on demand of a Servicer, the Master Servicer, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of as the Master Servicer as set forth below in this Section 4.03, or as the Securities Administrator has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viiiix) of this Subsection 4.03(a5.03(a) as servicing compensation on account of each defaulted Monthly Payment 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 from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viiiix) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.144.12; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 4.02 and 3.314.23; (x) to pay Txxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xvxii) to clear and terminate the Collection Account pursuant to Section 10.017.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Master Servicer Remittance Date, the Master Servicer shall deposit in the Collection Note Account (or remit to the Securities Administrator Indenture Trustee for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Note Account under Section 4.02(b5.02(b), and to allow the Master Servicer to calculate the amount of the Indenture Trustee Fee due the Indenture Trustee on the related Payment Date. (d) In order to comply with its duties under the USA PATRIOT Act of 2001No later than 3:00 p.m. New York time on each Master Servicer Remittance Date, the Securities Administrator Master Servicer will transfer the Interest Remittance Amount, any Prepayment Penalty Amounts and the Principal Remittance Amount (which shall obtain include any Indenture Trustee Fees) on deposit in the Collection Account net of the Master Servicing Fee and verify certain information and documentation from any other amounts previously withdrawn pursuant to Section 5.03(a) with respect to the other parties hereto, including, but not limited to, each such party's name, address and other identifying informationrelated Payment Date to the Indenture Trustee for deposit in the Note Account.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4), Sale and Servicing Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6)

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator Master Servicer will, from time to time on demand of a Servicer, the Master Servicer, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of as the Master Servicer as set forth below in this Section 4.03, or as the Securities Administrator has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s 's own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Servicer in good faith in connection with the restoration of 83836 Xxxxxxxxx 2003-4[10203-023] Sale and Servicing Agreement the related Mortgaged Property which was damaged by an Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viiiix) of this Subsection 4.03(a5.03(a) as servicing compensation on account of each defaulted Monthly Payment 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 from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viiiix) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.144.12; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 4.02 and 3.314.23; (x) to pay Txxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xvxii) to clear and terminate the Collection Account pursuant to Section 10.017.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Master Servicer Remittance Date, the Master Servicer shall deposit in the Collection Note Account (or remit to the Securities Administrator Indenture Trustee for deposit therein) any 83836 Xxxxxxxxx 2003-4[10203-023] Sale and Servicing Agreement Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Note Account under Section 4.02(b5.02(b), and to allow the Master Servicer to calculate the amount of the Indenture Trustee Fee due the Indenture Trustee on the related Payment Date. (d) In order to comply with its duties under the USA PATRIOT Act of 2001No later than 3:00 p.m. New York time on each Master Servicer Remittance Date, the Securities Administrator Master Servicer will transfer the Interest Remittance Amount, any Prepayment Penalty Amounts and the Principal Remittance Amount (which shall obtain include any Indenture Trustee Fees) on deposit in the Collection Account net of the Master Servicing Fee and verify certain information and documentation from any other amounts previously withdrawn pursuant to Section 5.03(a) with respect to the other parties hereto, including, but not limited to, each such party's name, address and other identifying informationrelated Payment Date to the Indenture Trustee for deposit in the Note Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Thornburg Mortgage Inc)

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator will, from time to time on demand of a Servicer, the Master Servicer, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of the Master Servicer as set forth below in this Section 4.03, or as the Securities Administrator has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viii) of this Subsection 4.03(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor; (v) to pay the Master Servicer or any Servicer from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viii) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.14; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 and 3.31; (x) to pay Txxxxxxxx[Xxxxxxxxx], as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx[Xxxxxxxxx]), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx Xxxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xv) to clear and terminate the Collection Account pursuant to Section 10.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Date, the Master Servicer shall deposit in the Collection Account (or remit to the Securities Administrator for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Account under Section 4.02(b). (d) In order to comply with its duties under the USA PATRIOT Act of 2001, the Securities Administrator shall obtain and verify certain information and documentation from the other parties hereto, including, but not limited to, each such party's name, address and other identifying information.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp)

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator Master Servicer will, from time to time on demand of a Servicer, the Master ServicerSecurities Administrator, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of a demand by the Master Servicer Securities Administrator as set forth below in this Section 4.03the Securities Administrator has demanded pursuant hereto, or as the Securities Administrator Master Servicer has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viiiix) of this Subsection 4.03(a) as servicing compensation on account of each defaulted Monthly Payment 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 from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viiiix) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.14; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 3.03, 3.27 and 3.318.05; (x) to pay Txxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xvxii) to clear and terminate the Collection Account pursuant to Section 10.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Master Servicer Remittance Date, the Master Servicer shall deposit in the Collection Distribution Account (or remit to the Securities Administrator Trustee for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Distribution Account under Section 4.02(b), and to allow the Securities Administrator to calculate the amount of the Trustee Fee due the Trustee on the related Distribution Date. (d) In order to comply with its duties under the USA PATRIOT Act of 2001No later than 3:00 p.m. New York time on each Master Servicer Remittance Date, the Securities Administrator Master Servicer will transfer all Available Funds (which shall obtain include any Trustee Fees) on deposit in the Collection Account net of the Master Servicing Fee and verify certain information and documentation from any other amounts previously withdrawn pursuant to Section 4.03(a) with respect to the other parties hereto, including, but not limited to, each such party's name, address and other identifying informationrelated Distribution Date to the Trustee for deposit in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator Master Servicer will, from time to time on demand of a Servicer, the Master ServicerSecurities Administrator, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of a demand by the Master Servicer Securities Administrator as set forth below in this Section 4.03the Securities Administrator has demanded pursuant hereto, or as the Securities Administrator Master Servicer has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viiiix) of this Subsection 4.03(a) as servicing compensation on account of each defaulted Monthly Payment 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 from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viiiix) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.14; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 and 3.313.27; (x) to pay Txxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xvxii) to clear and terminate the Collection Account pursuant to Section 10.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Master Servicer Remittance Date, the Master Servicer shall deposit in the Collection Distribution Account (or remit to the Securities Administrator Trustee for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Distribution Account under Section 4.02(b), and to allow the Securities Administrator to calculate the amount of the Trustee Fee due the Trustee on the related Distribution Date. (d) In order to comply with its duties under the USA PATRIOT Act of 2001No later than 3:00 p.m. New York time on each Master Servicer Remittance Date, the Securities Administrator Master Servicer will transfer all Available Funds (which shall obtain include any Trustee Fees) on deposit in the Collection Account net of the Master Servicing Fee and verify certain information and documentation from any other amounts previously withdrawn pursuant to Section 4.03(a) with respect to the other parties hereto, including, but not limited to, each such party's name, address and other identifying informationrelated Distribution Date to the Trustee for deposit in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1)

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator Master Servicer will, from time to time on demand of a Servicer, the Master Servicer, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of as the Master Servicer as set forth below in this Section 4.03, or as the Securities Administrator has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viiiix) of this Subsection 4.03(a5.03(a) as servicing compensation on account of each defaulted Monthly Payment 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 from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viiiix) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.144.12; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 4.02 and 3.314.23; (x) to pay Txxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xvxii) to clear and terminate the Collection Account pursuant to Section 10.017.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Master Servicer Remittance Date, the Master Servicer shall deposit in the Collection Note Account (or remit to the Securities Trust Administrator for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Note Account under Section 4.02(b5.02(b). (d) In order to comply with its duties under the USA PATRIOT Act of 2001No later than 3:00 p.m. New York time on each Master Servicer Remittance Date, the Securities Master Servicer will transfer the Interest Remittance Amount and the Principal Remittance Amount on deposit in the Collection Account net of the Master Servicing Fee and any other amounts previously withdrawn pursuant to Section 5.03(a) with respect to the related Payment Date to the Trust Administrator shall obtain and verify certain information and documentation from for deposit in the other parties hereto, including, but not limited to, each such party's name, address and other identifying informationNote Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1)

AutoNDA by SimpleDocs

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator Master Servicer will, from time to time on demand of a Servicer, the Master ServicerSecurities Administrator, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of a demand by the Master Servicer Securities Administrator as set forth below in this Section 4.03the Securities Administrator has demanded pursuant hereto, or as the Securities Administrator Master Servicer has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viii) of this Subsection 4.03(a) as servicing compensation on account of each defaulted Monthly Payment 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 from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viii) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.14; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 and 3.313.27; (x) to pay TxxxxxxxxXxxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xvxii) to clear and terminate the Collection Account pursuant to Section 10.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Master Servicer Remittance Date, the Master Servicer shall deposit in the Collection Distribution Account (or remit to the Securities Administrator for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Distribution Account under Section 4.02(b), and to allow the Securities Administrator to calculate the amount of the Trustee Fee due the Trustee on the related Distribution Date. (d) In order No later than 3:00 p.m. New York time on each Master Servicer Remittance Date, the Master Servicer will transfer all Available Funds (which shall include any Trustee Fees) on deposit in the Collection Account net of the Master Servicing Fee and any other amounts previously withdrawn pursuant to comply Section 4.03(a) with its duties under respect to the USA PATRIOT Act of 2001, related Distribution Date to the Securities Administrator shall obtain and verify certain information and documentation from for deposit in the other parties hereto, including, but not limited to, each such party's name, address and other identifying informationDistribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-2)

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator Master Servicer will, from time to time on demand of a Servicer, the Master Servicer, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a the Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of as the Master Servicer as set forth below in this Section 4.03, or as the Securities Administrator has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any the Servicer for any Advance of its own funds or of such the Servicer’s own funds, the right of the Master Servicer or a the Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any the Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such the Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any the Servicer, as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such the Servicer would have been entitled to receive under subclause (viiiix) of this Subsection 4.03(a5.03(a) as servicing compensation on account of each defaulted Monthly Payment scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor; (v) to pay the Master Servicer or any the Servicer from the Purchase Price for any Mortgage Loan, the amount which it or such the Servicer would have been entitled to receive under subclause (viiiix) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any the Servicer for servicing related advances of fundsServicing Advances, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances Servicing Advances were made; (vii) to reimburse the Master Servicer or any the Servicer for any Advance or advanceServicing Advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance Servicing Advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.144.12; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 4.02 and 3.314.23; (x) to pay Txxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay any 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xvxii) to clear and terminate the Collection Account pursuant to Section 10.017.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Master Servicer Remittance Date, the Master Servicer shall deposit in the Collection Note Account (or remit to the Securities Trust Administrator for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Note Account under Section 4.02(b5.02(b). (d) In order to comply with its duties under the USA PATRIOT Act of 2001No later than 3:00 p.m. New York time on each Master Servicer Remittance Date, the Securities Master Servicer will transfer the Interest Remittance Amount and the Principal Remittance Amount on deposit in the Collection Account net of the Master Servicing Fee and any other amounts previously withdrawn pursuant to Section 5.03(a) with respect to the related Payment Date to the Trust Administrator shall obtain and verify certain information and documentation from for deposit in the other parties hereto, including, but not limited to, each such party's name, address and other identifying informationNote Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (New York Mortgage Trust 2005-2)

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator Master Servicer will, from time to time on demand of a Servicer, the Master ServicerSecurities Administrator, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of a demand by the Master Servicer Securities Administrator as set forth below in this Section 4.03the Securities Administrator has demanded pursuant hereto, or as the Securities Administrator Master Servicer has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viiiix) of this Subsection 4.03(a) as servicing compensation on account of each defaulted Monthly Payment 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 from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viiiix) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.14; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 and 3.313.27; (x) to pay Txxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c)Amounts, and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xvxii) to clear and terminate the Collection Account pursuant to Section 10.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Master Servicer Remittance Date, the Master Servicer shall deposit in the Collection Distribution Account (or remit to the Securities Administrator Trustee for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Distribution Account under Section 4.02(b), and to allow the Securities Administrator to calculate the amount of the Trustee Fee due the Trustee on the related Distribution Date. (d) In order to comply with its duties under the USA PATRIOT Act of 2001No later than 3:00 p.m. New York time on each Master Servicer Remittance Date, the Securities Administrator Master Servicer will transfer all Available Funds (which shall obtain include any Trustee Fees) on deposit in the Collection Account net of the Master Servicing Fee and verify certain information and documentation from any other amounts previously withdrawn pursuant to Section 4.03(a) with respect to the other parties hereto, including, but not limited to, each such party's name, address and other identifying informationrelated Distribution Date to the Trustee for deposit in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2004-2)

Permitted Withdrawals and Transfers from the Collection Account. (a) The Securities Administrator Master Servicer will, from time to time on demand of a Servicer, the Master ServicerSecurities Administrator, or for its own account as set forth below, make or cause to be made such withdrawals or transfers from the Collection Account, in the case of a demand by a Servicer, as the applicable Servicer has designated for such transfer or withdrawal pursuant to the applicable Servicing Agreement, or in the case of a demand by the Master Servicer Securities Administrator as set forth below in this Section 4.03the Securities Administrator has demanded pursuant hereto, or as the Securities Administrator Master Servicer has determined to be appropriate in accordance herewith, for the following purposes: (i) to reimburse the Master Servicer or any Servicer for any Advance of its own funds or of such Servicer’s own funds, the right of the Master Servicer or a Servicer to reimbursement pursuant to this subclause (i) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the 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 Advance was made; (ii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such 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; (iii) to reimburse the Master Servicer or any 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 such Servicer from Liquidation Proceeds from a particular Mortgage Loan for Liquidation Expenses incurred with respect to such Mortgage Loan; (iv) to pay the Master Servicer or any Servicer, 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 (viii) of this Subsection 4.03(a) as servicing compensation on account of each defaulted Monthly Payment 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 from the Purchase Price for any Mortgage Loan, the amount which it or such Servicer would have been entitled to receive under subclause (viii) of this Subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for servicing related advances of funds, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such servicing advances were made; (vii) to reimburse the Master Servicer or any Servicer for any Advance or advance, after a Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or advance has not been reimbursed pursuant to clauses (i) and (vi); (viii) to pay the Master Servicer its monthly Master Servicing Fee and any investment income and other additional servicing compensation payable pursuant to Section 3.14; (ix) to reimburse the Master Servicer or the Securities Administrator for any expenses recoverable by the Master Servicer or the Securities Administrator pursuant to Sections 3.03 and 3.313.27; (x) to pay TxxxxxxxxXxxxxxxxx, as a Servicer, any Prepayment Penalty Amounts and any earnings payable pursuant to Section 4.02(c), and to reimburse or pay 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; (xi) to reimburse the Indenture Trustee, the Owner Trustee and the Securities Administrator for expenses, costs and liabilities incurred by or reimbursable to it from funds of the Issuer pursuant to Sections 3.30, 3.31 or 8.05 (including those related to the Custodian, to the extent not paid by Txxxxxxxx), and to reimburse the Indenture Trustee for any fees, costs and expenses costs incurred by or reimbursable to it pursuant to Section 2.03(a), 7.01(b), 8.02, 8.05 or 8.07, to the extent not otherwise reimbursed to it; (xii) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date; (xiii) to pay to Txxxxxxxx (in its capacity as a Servicer) all investment earnings on amounts on deposit in the Collection Account to which it is entitled under Section 4.02(c); (xiv) to remove amounts deposited in error; and (xvxii) to clear and terminate the Collection Account pursuant to Section 10.01. (b) In addition, on or before the Business Day immediately preceding each Deposit Master Servicer Remittance Date, the Master Servicer shall deposit in the Collection Distribution Account (or remit to the Securities Administrator Trustee for deposit therein) any Advances or Compensating Interest Payments, to the extent required but not made by the related Servicer and required to be made by the Master Servicer with respect to the Mortgage Loans. (c) The Securities Administrator or the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any payments or reimbursements from the Collection Account pursuant to subclauses (i) through (vii), inclusive, (ix) and (x) 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 Collection Distribution Account under Section 4.02(b), and to allow the Securities Administrator to calculate the amount of the Trustee Fee due the Trustee on the related Distribution Date. (d) In order to comply with its duties under the USA PATRIOT Act of 2001No later than 3:00 p.m. New York time on each Master Servicer Remittance Date, the Securities Administrator Master Servicer will transfer all Available Funds (which shall obtain include any Trustee Fees) on deposit in the Collection Account net of the Master Servicing Fee and verify certain information and documentation from any other amounts previously withdrawn pursuant to Section 4.03(a) with respect to the other parties hereto, including, but not limited to, each such party's name, address and other identifying informationrelated Distribution Date to the Trustee for deposit in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-1)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!