PERMITTED WITHDRAWALS AND TRANSFERS FROM THE DISTRIBUTION ACCOUNTS. (a) The Securities Administrator shall, from time to time on demand of the Master Servicer make or cause to be made such withdrawals or transfers from the Distribution Accounts as the Master Servicer has designated for such transfer or withdrawal pursuant to the Servicing Agreements with respect to the related Loans for the following purposes, not in any order of priority: (i) to reimburse the Master Servicer or any Servicer for any Advance of its 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 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 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 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 Loan; (iii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds relating to a particular Loan for insured expenses incurred with respect to such Loan and to reimburse the Master Servicer or such Servicer from Liquidation Proceeds from a particular Loan for Liquidation Expenses incurred with respect to such 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 Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection (a) as servicing compensation on account of each defaulted scheduled payment on such 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 Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection (a) as servicing compensation; (vi) to reimburse the Master Servicer or any Servicer for any Nonrecoverable Advance, after a Group I/II Realized Loss or Group III Realized Loss has been allocated with respect to the related Loan if the Advance or Servicing Advance has not been reimbursed pursuant to clause (i); (vii) to pay the Servicing Fee to the Servicers, the Master Servicing Fee to the Master Servicer and the Credit Risk Management Fee to the Credit Risk Manager for such Distribution Date and the amount of any income or gain realized from investments of funds on deposit in the related Distribution Account pursuant to Section 3.14 hereof and to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.3, 6.3, 8.5 and 10.1; (viii) 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; (ix) to reimburse the Trustee, the Custodian and the Securities Administrator for expenses, costs and liabilities, if any, incurred by or reimbursable to such parties pursuant to this Agreement; (x) to remove amounts deposited in error; and (xi) to clear and terminate the related Distribution Account pursuant to Section 9.1. (b) The Master Servicer shall keep and maintain separate accounting, on a Loan by Loan basis, for the purpose of accounting for any reimbursement from the related Distribution Account pursuant to subclauses (i) through (v), inclusive, 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 related Distribution Account under Section 3.23(b). (c) On each Distribution Date, the Securities Administrator shall distribute the Group I Available Distribution Amount and Group II Available Distribution Amount to the Holders of the Group I Senior, Group II Senior and Group I/II Subordinate Certificates in accordance with Section 4.1 and the Group III Available Distribution Amount to the Holders of the Group III Certificates in accordance with Section 4.3..
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Samples: Pooling and Servicing Agreement (Deutsche Mortgage Sec Inc Mort Loan Tr Ser 2004-1), Pooling and Servicing Agreement (Deutsche Mortgage Sec Inc Mort Loan Tr Ser 2004-1)
PERMITTED WITHDRAWALS AND TRANSFERS FROM THE DISTRIBUTION ACCOUNTS. (a) The Securities Administrator shall, from time to time on demand of the Master Servicer make or cause to be made such withdrawals or transfers from the related Distribution Accounts Account as the Master Servicer has designated for such transfer or withdrawal pursuant to the Servicing Agreements with respect to the related Loans for the following purposes, not in any order of priority:
(i) to reimburse the Master Servicer or any Servicer for any Advance of its 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 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 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 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 Loan;
(iii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds relating to a particular Loan for insured expenses incurred with respect to such Loan and to reimburse the Master Servicer or such Servicer from Liquidation Proceeds from a particular Loan for Liquidation Expenses incurred with respect to such 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 Loan, the amount which it the Master Servicer or such Servicer would have been entitled to receive under subclause (vii) of this subsection Subsection (a) as servicing compensation on account of each defaulted scheduled payment on such 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 Loan, the amount which it the Master Servicer or such Servicer would have been entitled to receive under subclause (vii) of this subsection Subsection (a) as servicing compensation;
(vi) to reimburse the Master Servicer or any Servicer for any Nonrecoverable Advance, after a Group I/II Realized Loss or Group III Realized Loss has been allocated with respect to the related Loan if the Advance or Servicing Advance has not been reimbursed pursuant to clause (i);
(vii) to pay the Master Servicing Fee and any and all other Master Servicing Compensation to the Master Servicer, the Servicing Fee to the Servicers, Servicers (to the Master extent such Servicing Fee was not retained by the Servicer pursuant to the Master Servicer and the Credit Risk Management Fee to the Credit Risk Manager for such Distribution Date and the amount of any income or gain realized from investments of funds on deposit in the related Distribution Account pursuant to Section 3.14 hereof Servicing Agreement) and to reimburse the a Master Servicer for the premium payable in connection with any lender paid mortgage insurance and for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.3, 6.3, 8.5 and 10.1;
(viii) 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 such Servicer, to the extent provided in the related Servicing Agreement;
(ix) to reimburse the Trustee, the Custodian Custodians and the Securities Administrator for expenses, costs and liabilities, if any, incurred by or reimbursable to such parties pursuant to this AgreementAgreement or the Custodial Agreements;
(x) to pay any Group I Net Swap Payment or Group I Swap Termination Payment payable to the Supplemental Trust (unless the Group I Swap Provider is the sole Defaulting Party or the sole Affected Party (as defined in the Group I Swap Agreement) owed to the Group I Swap Provider;
(xi) to remove amounts deposited in error; and
(xixii) to clear and terminate the related Distribution Account pursuant to Section 9.1.
(b) The Master Servicer shall keep and maintain separate accounting, on a Loan by Loan basis, for the purpose of accounting for any reimbursement from the related Distribution Account pursuant to subclauses (i) through (vvi), inclusive, 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 related Distribution Account under Section 3.23(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Group I Available Distribution Amount and with respect to each Loan Group II Available Distribution Amount to the Holders of the Group I Senior, Group II Senior and Group I/II Subordinate related Certificates in accordance with Section 4.1 and the Group III Available Distribution Amount to the Holders of the Group III Certificates in accordance with Section 4.3..4.1.
Appears in 1 contract
PERMITTED WITHDRAWALS AND TRANSFERS FROM THE DISTRIBUTION ACCOUNTS. (a) The Securities Administrator shall, from time to time on demand of the Master Servicer make or cause to be made such withdrawals or transfers from the related Distribution Accounts Account as the Master Servicer has designated for such transfer or withdrawal pursuant to the Servicing Agreements with respect to the related Loans for the following purposes, not in any order of priority:
(i) to reimburse the Master Servicer or any Servicer for any Advance of its 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 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 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 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 Loan;
(iii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds relating to a particular Loan for insured expenses incurred with respect to such Loan and to reimburse the Master Servicer or such Servicer from Liquidation Proceeds from a particular Loan for Liquidation Expenses incurred with respect to such 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 Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection Subsection (a) as servicing compensation on account of each defaulted scheduled payment on such 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 Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection Subsection (a) as servicing compensation;
(vi) to reimburse the Master Servicer or any Servicer for any Nonrecoverable Advance, after a Group I/II Realized Loss or Group III Realized Loss has been allocated with respect to the related Loan if the Advance or Servicing Advance has not been reimbursed pursuant to clause (i);
(vii) to pay the Servicing Fee to the Servicers, Servicers (to the Master extent such Servicing Fee was not retained by the Servicer pursuant to the Master Servicer related Servicing Agreement) and, with respect to the Group I Loans and Group II Loans, the Credit Risk Management Fee to the Credit Risk Manager Manager, for such Distribution Date and the amount of any income or gain realized from investments of funds on deposit in the related Distribution Account pursuant to Section 3.14 hereof and to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.3, 3.3 and 6.3, 8.5 and 10.1;
(viii) 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;
(ix) to reimburse the Trustee, the Custodian and the Securities Administrator for expenses, costs and liabilities, if any, incurred by or reimbursable to such parties pursuant to this Agreement;
(x) to remove amounts deposited in error; and
(xi) to clear and terminate the related Distribution Account pursuant to Section 9.1.
(b) The Master Servicer shall keep and maintain separate accounting, on a Loan by Loan basis, for the purpose of accounting for any reimbursement from the related Distribution Account pursuant to subclauses (i) through (v), inclusive, 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 related Distribution Account under Section 3.23(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Group I Available Distribution Amount and with respect to each Loan Group II Available Distribution Amount to the Holders of the Group I Senior, Group II Senior and Group I/II Subordinate related Certificates in accordance with Section 4.1 and the Group III Available Distribution Amount to the Holders of the Group III Certificates in accordance with Section 4.3..4.1, 4.3 or 4.5, as applicable.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Mortgage Securities Inc Mortgage Loan Trust 2004-4)
PERMITTED WITHDRAWALS AND TRANSFERS FROM THE DISTRIBUTION ACCOUNTS. (a) The Securities Administrator shall, from time to time on demand of the Master Servicer make or cause to be made such withdrawals or transfers from the related Distribution Accounts Account as the Master Servicer has designated for such transfer or withdrawal pursuant to the Servicing Agreements with respect to the related Loans for the following purposes, not in any order of priority:
(i) to reimburse the Master Servicer or any Servicer for any Advance of its 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 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 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 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 Loan;
(iii) to reimburse the Master Servicer or any Servicer from Insurance Proceeds relating to a particular Loan for insured expenses incurred with respect to such Loan and to reimburse the Master Servicer or such Servicer from Liquidation Proceeds from a particular Loan for Liquidation Expenses incurred with respect to such 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 Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection Subsection (a) as servicing compensation on account of each defaulted scheduled payment on such 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 Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection Subsection (a) as servicing compensation;
(vi) to reimburse the Master Servicer or any Servicer for any Nonrecoverable Advance, after a Group I/II Realized Loss or Group III Realized Loss has been allocated with respect to the related Loan if the Advance or Servicing Advance has not been reimbursed pursuant to clause (i);
(vii) to pay the Servicing Fee to the ServicersServicers (to the extent such Servicing Fee was not retained by the Servicer pursuant to the related Servicing Agreement), the Master Servicing Fee to the Master Servicer and the Credit Risk Management Fee to the Credit Risk Manager for such Distribution Date and the amount of any income or gain realized from investments of funds on deposit in the related Distribution Account pursuant to Section 3.14 hereof and to reimburse the Master Servicer for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.3, 6.3, 8.5 and 10.1;
(viii) 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;
(ix) to reimburse the Trustee, the Custodian and the Securities Administrator for expenses, costs and liabilities, if any, incurred by or reimbursable to such parties pursuant to this Agreement;
(x) to remove amounts deposited in error; and
(xi) to clear and terminate the related Distribution Account pursuant to Section 9.1.
(b) The Master Servicer shall keep and maintain separate accounting, on a Loan by Loan basis, for the purpose of accounting for any reimbursement from the related Distribution Account pursuant to subclauses (i) through (v), inclusive, 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 related Distribution Account under Section 3.23(b).
(c) On each Distribution Date, the Securities Administrator shall distribute the Group I Available Distribution Amount with respect to each Loan Group to Ambac and Group II Available Distribution Amount to the Holders of the Group I Senior, Group II Senior and Group I/II Subordinate related Certificates in accordance with Section 4.1 and the Group III Available Distribution Amount to the Holders of the Group III Certificates in accordance with Section or 4.3.., as applicable.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Mortgage Loan Trust Series 2004-3)
PERMITTED WITHDRAWALS AND TRANSFERS FROM THE DISTRIBUTION ACCOUNTS. (a) The Securities Administrator shallTrustee will, from time to time on demand of the Master Servicer make or cause to be made such withdrawals or transfers from the Distribution Accounts as the Master Servicer has designated for such transfer or withdrawal pursuant to the Servicing Agreements with respect to the related Loans this Agreement for the following purposes, not in any order of priority:
(i) On an ongoing basis, Trustee to pay any expenses recoverable by the Trustee pursuant to this Agreement.
(ii) to reimburse the Master Trustee as Successor Servicer or any the Servicer for any Advance or Servicing Advance of its own funds, the right of the Master Trustee as Successor Servicer or a the Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds, Liquidation Proceeds and Liquidation Proceedscondemnation proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or Servicing Advance was made;
(iiiii) to reimburse the Master Servicer Trustee or any the Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Trustee as Successor 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 uninsured cause or in connection with the liquidation of such Mortgage Loan;
(iiiiv) to reimburse the Master Trustee as Successor 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 Trustee as Successor 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 Servicer, as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection (a) as servicing compensation on account of each defaulted scheduled payment on such Loan if paid in a timely manner by the related Mortgagor;
(v) to pay reimburse the Master Trustee as Successor Servicer or any the Servicer from for advances of funds pursuant to this 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 Purchase Price therefor, Insurance Proceeds, Liquidation Proceeds and condemnation proceeds) which represent late recoveries of the payments for any Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection (a) as servicing compensationadvances were made;
(vi) to reimburse the Master Trustee as Successor Servicer or any the Servicer for any Nonrecoverable AdvanceAdvance or advance, after a Group I/II Realized Loss or Group III Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or Servicing Advance advance has not been reimbursed pursuant to clause clauses (iii) and (v);
(vii) to pay the Servicing Fee to the Servicers, the Master Servicing Fee to the Master Servicer and the Credit Risk Management Fee to the Credit Risk Manager for such Distribution Date and the amount of any income or gain realized from investments of funds on deposit in the related Distribution Account pursuant to Section 3.14 hereof and Reserved;
(viii) to reimburse the Master Servicer Trustee for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.3, 6.3, 8.5 and 10.1this Agreement (including the expenses of the Trustee in connection with a tax audit in connection with the performance of its obligations pursuant to Section 9.12);
(viiiix) to pay to the Trust Fund, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(x) to reimburse or pay any the Servicer any such amounts as are due thereto under the applicable Servicing this Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreementherein or therein;
(ixxi) to reimburse the TrusteeTrustee for expenses incurred in the transfer of servicing responsibilities of the terminated Servicer after the occurrence and continuance of a Servicer Default to the extent not paid by the terminated Servicer;
(xii) after the occurrence of an event of default under the Advance Facility, to reimburse any Advance Financing Person for any Advances or Servicing Advances made by such Advance Financing Person pursuant to Section 5.01(b) and not reimbursed to such Advance Financing Person pursuant to Section 4.02;
(xiii) to reimburse the Custodian and the Securities Administrator for expenses, costs and liabilities, if any, liabilities incurred by or reimbursable to such parties it pursuant to this Agreement;
(xxiv) to remove amounts deposited in error; and
(xixv) to clear and terminate the related a Distribution Account pursuant to Section 9.110.01.
(b) The Master Servicer Trustee shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the related Distribution Account pursuant to subclauses (iii) through (v), inclusive, and (vii) 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 Trustee without being deposited in the related Distribution Account Accounts under Section 3.23(b)4.07.
(c) On each Distribution Date, the Securities Administrator Trustee shall distribute funds on deposit in the Group I Available Distribution Amount and Group II Available Distribution Amount Account to the Holders holders of the Group I Senior, Group II Senior and Group I/II Subordinate related Certificates in accordance with Section 4.1 5.04 and the Group III Available Distribution Amount to the Holders of the Group III Certificates in accordance with Section 4.3..5.06.
Appears in 1 contract
PERMITTED WITHDRAWALS AND TRANSFERS FROM THE DISTRIBUTION ACCOUNTS. (a) The Securities Administrator shall, will from time to time on demand of the Master Servicer make or cause to be made such withdrawals or transfers from the Distribution Accounts as the Master Servicer has designated for such transfer or withdrawal pursuant to the Servicing Agreements with respect to the related Loans this Agreement for the following purposes, not in any order of priority:
(i) to pay to the Trustee any expenses recoverable by the Trustee pursuant to this Agreement.
(ii) to reimburse the Master Servicer as Successor Servicer or any the Servicer for any Advance or Servicing Advance of its own funds, the right of the Master Servicer as Successor Servicer or a the Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds, Liquidation Proceeds and Liquidation Proceedscondemnation proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or Servicing Advance was made;
(iiiii) 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 as Successor 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 uninsured cause or in connection with the liquidation of such Mortgage Loan;
(iiiiv) to reimburse the Master Servicer as Successor 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 as Successor 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 Servicer, as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection (a) as servicing compensation on account of each defaulted scheduled payment on such Loan if paid in a timely manner by the related Mortgagor;
(v) to pay reimburse the Master Servicer as Successor Servicer or any the Servicer from for advances of funds pursuant to this 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 Purchase Price therefor, Insurance Proceeds, Liquidation Proceeds and condemnation proceeds) which represent late recoveries of the payments for any Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection (a) as servicing compensationadvances were made;
(vi) to reimburse the Master Servicer as Successor Servicer or any the Servicer for any Nonrecoverable AdvanceAdvance or advance, after a Group I/II Realized Loss or Group III Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or Servicing Advance advance has not been reimbursed pursuant to clause clauses (iii) and (v);
(vii) to pay the Servicing Fee to the Servicers, the Master Servicing Fee to the Master Servicer and the Credit Risk Management Fee to the Credit Risk Manager; provided, however, that upon the termination of the Credit Risk Manager for such Distribution Date and pursuant to Section 3.33 hereof, the amount of the Credit Risk Management Fee (or any income or gain realized from investments of funds on deposit in portion thereof) previously payable to the related Distribution Account pursuant Credit Risk Manager as described herein shall be paid to Section 3.14 hereof and the Sponsor;
(viii) to reimburse the Master Servicer Trustee or the Securities Administrator for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.3, 6.3, 8.5 and 10.1this Agreement (including the expenses of the Securities Administrator in connection with a tax audit in connection with the performance of its obligations pursuant to Section 9.13);
(viiiix) to pay to the Trust Fund, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the Servicer;
(x) to reimburse or pay any the Servicer any such amounts as are due thereto under the applicable Servicing this Agreement and have not been retained by or paid to the Servicer, to the extent provided in the related Servicing Agreementherein or therein;
(ixxi) to reimburse the Trustee, Trustee for expenses incurred in the Custodian transfer of servicing responsibilities of the terminated Servicer after the occurrence and continuance of a Servicer Default to the Securities Administrator extent not paid by the terminated Servicer;
(xii) to reimburse the Master Servicer for expenses, any costs and liabilities, if any, incurred by or expenses reimbursable to such parties the Master Servicer pursuant to this Agreement;
(xxiii) to reimburse the Custodian for expenses, costs and liabilities incurred or reimbursable to it pursuant to this Agreement or the Custodial Agreement;
(xiv) to remove amounts deposited in error; and
(xixv) to clear and terminate the related a Distribution Account pursuant to Section 9.110.01.
(b) The Master Servicer Securities Administrator shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the related Distribution Account Accounts pursuant to subclauses (iii) through (v), inclusive, and (vii) 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 Securities Administrator without being deposited in the related Distribution Account Accounts under Section 3.23(b)3.31.
(c) On each Distribution Date, the Securities Administrator shall distribute the Group I related Available Distribution Amount and Group II Available Distribution Amount Amount, to the Holders extent of funds on deposit in the related Distribution Account to the holders of the Group I Senior, Group II Senior and Group I/II Subordinate related Certificates in accordance with Section 4.1 and the Group III Available Distribution Amount to the Holders of the Group III Certificates in accordance with Section 4.3..5.04.
Appears in 1 contract
PERMITTED WITHDRAWALS AND TRANSFERS FROM THE DISTRIBUTION ACCOUNTS. (a) The Securities Administrator shallTrustee will, from time to time on demand of the Master Servicer make or cause to be made such withdrawals or transfers from the Distribution Accounts as the Master Servicer has designated for such transfer or withdrawal pursuant to the Servicing Agreements with respect to the related Loans this Agreement for the following purposes, not in any order of priority:
(i) to pay to the Trustee any expenses recoverable by the Trustee pursuant to this Agreement.
(ii) to reimburse the Master Trustee as Successor Servicer or any the related Servicer for any Advance or Servicing Advance of its own funds, the right of the Master Trustee as Successor Servicer or a the related Servicer to reimbursement pursuant to this subclause (iii) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Purchase Price therefor, Insurance Proceeds, Liquidation Proceeds and Liquidation Proceedscondemnation proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or Servicing Advance was made;
(iiiii) to reimburse the Master Servicer Trustee or any the related Servicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Trustee as Successor Servicer or such the related Servicer in good faith in connection with the restoration of the related Mortgaged Property which was damaged by an Uninsured Cause uninsured cause or in connection with the liquidation of such Mortgage Loan;
(iiiiv) to reimburse the Master Trustee as Successor Servicer or any the related 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 Trustee as Successor Servicer or such the related 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 Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection (a) as servicing compensation on account of each defaulted scheduled payment on such Loan if paid in a timely manner by the related Mortgagor;
(v) to pay reimburse the Master Trustee as Successor Servicer or any the related Servicer from for advances of funds pursuant to this Agreement, the M&T Servicing Agreement or the GreenPoint Servicing Agreement, as applicable, and 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, Liquidation Proceeds and condemnation proceeds) which represent late recoveries of the payments for any Loan, the amount which it or such Servicer would have been entitled to receive under subclause (vii) of this subsection (a) as servicing compensationadvances were made;
(vi) to reimburse the Master Trustee as Successor Servicer or any the related Servicer for any Nonrecoverable AdvanceAdvance or advance, after a Group I/II Realized Loss or Group III Realized Loss has been allocated with respect to the related Mortgage Loan if the Advance or Servicing Advance advance has not been reimbursed pursuant to clause clauses (i)ii) and (v) or pursuant to the M&T Servicing Agreement or GreenPoint Servicing Agreement;
(vii) to pay the Servicing Fee to the Servicers, the Master Servicing Fee to the Master Servicer and the Credit Risk Management Fee to the Credit Risk Manager; provided, however, that upon the termination of the Credit Risk Manager for such Distribution Date and pursuant to Section 4.08(b) hereof, the amount of the Credit Risk Management Fee (or any income or gain realized from investments portion thereof) previously payable to the Credit Risk Manager as described herein shall be paid to the Holder of funds on deposit in the related Distribution Account pursuant to Section 3.14 hereof and Class II-C Certificate;
(viii) to reimburse the Master Servicer Trustee for expenses, costs and liabilities incurred by and reimbursable to it pursuant to Sections 3.3this Agreement, 6.3the M&T Servicing Agreement and the GreenPoint Servicing Agreement (including the expenses of the Trustee in connection with a tax audit in connection with the performance of its obligations pursuant to Section 9.12, 8.5 the M&T Servicing Agreement and 10.1the GreenPoint Servicing Agreement);
(viiiix) to pay to the Trust Fund, as additional servicing compensation, any Excess Liquidation Proceeds to the extent not retained by the related Servicer;
(x) to reimburse or pay any the related Servicer any such amounts as are due thereto under this Agreement, the applicable M&T Servicing Agreement or the GreenPoint Servicing Agreement, as applicable, and have not been retained by or paid to the related Servicer, to the extent provided in the related Servicing Agreementherein or therein;
(ixxi) to reimburse the Trustee, Trustee for expenses incurred in the transfer of servicing responsibilities of the terminated Servicer after the occurrence and continuance of a Servicer Default to the extent not paid by the terminated Servicer;
(xii) to reimburse the Custodian and the Securities Administrator for expenses, costs and liabilities, if any, liabilities incurred by or reimbursable to such parties it pursuant to this Agreement or the Custodial Agreement;
(xxiii) to remove amounts deposited in error; and
(xixiv) to clear and terminate the related a Distribution Account pursuant to Section 9.110.01.
(b) The Master Servicer Trustee shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of accounting for any reimbursement from the related Distribution Account Accounts pursuant to subclauses (iii) through (v), inclusive, and (vii) 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 Trustee without being deposited in the related Distribution Account Accounts under Section 3.23(b)4.07.
(c) On each Distribution Date, the Securities Administrator Trustee shall distribute the Group I Available Distribution Amount Funds and the Group II Available Distribution Amount in the related Distribution Account to the Holders holders of the Group I Senior, Group II Senior and Group I/II Subordinate Certificates in accordance with Section 4.1 and the Group III Available Distribution Amount to the Holders of the Group III Certificates in accordance with Section 4.3..5.04.
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Samples: Pooling and Servicing Agreement (NAAC Alternative Loan Trust, Series 2005 - AP1)