Common use of Permitted Withdrawals from Collection Account Clause in Contracts

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 6 contracts

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar)

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Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s 's funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s 's rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X unreimbursed P&I Advance would be a Nonrecoverable Advance the Servicer shall xxx Xxxxxxxx xxall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 6 contracts

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-2), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]at such time a Mortgage Loan becomes a Charged-off Loan, to reimburse itself to the extent of funds held in the Collection Account for all unreimbursed Servicing Fees, Servicing Advances and P&I Advances owing to the Servicer relating to any Charged-off Loan accrued or advanced during any period prior to the date the Mortgage Loan became a Charged-off Loan; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 4 contracts

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-14sl), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-4sl), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2005-8sl)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx uxxxxxxxxxxx X&X Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 3 contracts

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s 's funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s 's rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X unreimbursed P&I Advance would be a Nonrecoverable Advance the Servicer shall txx Xxxxxxxx xxxxl be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 3 contracts

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-15xs)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s 's funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s 's rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X unreimbursed P&I Advance would be a Nonrecoverable Advance the Servicer shall xxx Xxxxxxxx xxxll be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 2 contracts

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-16ax)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to To reimburse the Owner Servicer from related Insurance or Liquidation Proceeds for amounts expended by the Servicer in connection with the amounts and in restoration of property damaged by an uninsured cause or the manner provided for in Section 4.01 hereinliquidation of a Mortgage Loan; (ii) to reimburse itself for all P&I Advances of the Servicer’s funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s rights hereto shall be prior To pay to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts Servicer its Servicing Fee from interest payments received on the related Mortgage Loan (including without limitationLoans, late recoveries of payments if not previously retained, and any earnings from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments investment of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection AccountAccount in Eligible Investments; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s right thereto shall be prior To pay to the rights of Servicer any expenses which were incurred by the Owner under this Section 3.05; provided, however, that the Servicer’s rights to reimburse itself Servicer and are reimbursable pursuant to this subclause (iii) with respect to any Mortgage Loan being Agreement, including but not limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if expenses incurred by the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Accountrespect of property repairs or maintenance on Mortgaged Properties; (iv) To pay to pay itself interest on funds the Servicer any amounts in respect of which the Mortgagor's check has been returned and not honored by the Mortgagor's bank for any reason or any amounts deposited in or credited to the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder)in error; (v) [Reserved]To remit funds to the Trustee in accordance with Section 3.01 hereof; (vi) To remit funds to pay any Mortgagor or the designee of any Mortgagor in respect of any payments due to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loanthe Mortgagor, including, including but not limited to environmental expenses pursuant payments to Sections 3.03(b) and (c) herein but only be remitted to any Mortgagor under any applicable insurance policy, as determined by the extent the Servicer is entitled to reimbursement therefore under this AgreementServicer; (vii) To transfer funds to pay any amount required to be paid pursuant to another Qualified Depository in accordance with Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan2.17 hereof; (viii) to To invest funds in certain Eligible Investments in accordance with Section 3.08 herein2.17 hereof; (ix) to transfer To remit funds to another Eligible Account the Issuer or other Person entitled thereto in accordance with Section 3.08 herein;2.20 hereof; and (x) to To clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 2 contracts

Samples: Servicing Agreement (Main Place Funding LLC), Servicing Agreement (Main Place Funding LLC)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s 's funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s 's rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X unreimbursed P&I Advance would be a Nonrecoverable Advance the Servicer shall Xxxxxxxx xxxxx be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner Indenture Trustee in the amounts and in the manner provided for in Section 4.01 herein4.01; (ii) to reimburse itself for all P&I Advances of the Servicer’s funds made pursuant to Section 4.03, it being understood that, in the case event the Servicer has elected not to retain the Servicing Fee out of any such reimbursement, the Servicer’s rights hereto shall be prior to the rights Mortgagor payments on account of the Owner under this Section 3.05; provided, however, that the Servicer’s right to reimburse itself pursuant to this subclause (ii) interest or other recovery of interest with respect to any Mortgage Loan being limited to amounts received on the related a particular Mortgage Loan (including without limitationlate collections of interest on such Mortgage Loan, late recoveries or interest portions of payments from the MortgagorInsurance Proceeds, Liquidation Proceeds or Condemnation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan ) prior to the extent collected) which represent late payments deposit of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, Mortgagor payment or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds recovery in the Collection Account, to pay to itself the related Servicing Fee from all such Mortgagor payments on account of interest or other such recovery for interest with respect to that Mortgage Loan; (iii) to reimburse itself for all unreimbursed Advances and Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds, REO Disposition Proceeds and Insurance Proceeds; providedother amounts received in respect of the related REO Property, furtherand such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to such Mortgage Loan, that if it being understood that, in the case of any such amounts are insufficient to reimburse reimbursement, the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer 's right thereto shall be entitled prior to reimburse itself from other funds in the Collection Accountrights of the Trust Fund; (iv) to reimburse itself for any unpaid Servicing Fees, the Servicer's right to reimburse itself pursuant to this subclause (iv) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds, REO Disposition Proceeds and other amounts received in respect of the related REO Property, and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Loan, it being understood that, in the case of any such reimbursement, the Servicer's right thereto shall be prior to the rights of the Trust Fund; (v) following the liquidation of a Mortgage Loan, to reimburse itself for remaining unpaid Servicing Fees and unreimbursed Nonrecoverable Advances with respect to any defaulted Mortgage Loan made by the Servicer in accordance with this Agreement; (vi) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this AgreementAccount; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account Institution in accordance with Section 3.08 herein3.10 hereof; (xviii) to withdraw funds deposited in error; and (ix) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 1 contract

Samples: Servicing Agreement (Wells Fargo Asset Securities Corp)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s 's funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s 's rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X unreimbursed P&I Advance would be a Nonrecoverable Advance the Servicer shall Servxxxx xxxxx be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the any Collection Account for the following purposes: (i1) to make payments to pay the Owner Purchaser in the amounts and in the manner provided for in Section 4.01 herein6.1; (ii2) to reimburse itself for all P&I Monthly Advances of the Servicer’s 's funds made pursuant to Section 4.036.3, the Servicer's right to reimburse itself pursuant to this subclause (ii) being taken first from amounts received on the related XXX which represent late payments of principal and/or interest respecting which any such advance was made, it being understood that, in the case of any such reimbursement, the Servicer’s rights hereto 's right thereto shall be prior to the rights of the Owner under this Purchaser, except that, where the Servicer is required to repurchase a XXX pursuant to Section 3.05; provided4.3, however4.4 or 7.2, that the Servicer’s 's right to such reimbursement shall be subsequent to the payment to the Purchaser of the Repurchase Price pursuant to such sections and all other amounts required to be paid to the Purchaser with respect to such XXX and it being further understood that upon liquidation of the related XXX, the Servicer shall have the right to reimburse itself for Monthly Advances from payments of principal and/or interest on the remainder of the XXXx; (3) to reimburse itself for unreimbursed Servicing Advances and for any unpaid Servicing Fees, the Servicer's right to reimburse itself pursuant to this subclause (iiiii) with respect to any Mortgage Loan XXX being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds and Insurance Proceeds with respect to such Mortgage Loan other amounts as may be collected by the Servicer from the Mortgagor or otherwise related to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing AdvancesXXX, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Purchaser, except where the Servicer is required to repurchase a XXX pursuant to Section 3.05; provided4.3, however4.4 or 7.2, that in which case the Servicer’s rights 's right to such reimbursement shall be subsequent to the payment to the Purchaser of the Repurchase Price pursuant to such sections and all other amounts required to be paid to the Purchaser with respect to such XXX and it being further understood that upon the liquidation of the related XXX, the Servicer shall have the right to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related for unreimbursed Servicing Advances and unpaid Servicing Fees from Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds and Insurance Proceeds; provided, further, that if such other amounts are insufficient to reimburse the Servicer, or if as may be collected by the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance on the Servicer shall be entitled to reimburse itself from other funds in remainder of the Collection AccountXXXx; (iv4) to pay itself interest on funds deposited in the Collection Account and itself the Servicing Fee from that portion of any payment or recovery which represents interest with respect to a particular XXX; (5) to reimburse itself for expenses incurred and reimbursable to it pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved[ ]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii6) to pay any amount required to be paid pursuant to Section 3.14 5.16 related to any REO Property and Section 3.16 Property, it being understood that in the case of any such expenditure or withdrawal related to a particular REO Property, the satisfaction amount of such expenditure or withdrawal from the Mortgage LoanCollection Account shall be limited to amounts on deposit in the Collection Account with respect to the related REO Property; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix7) to transfer funds money to another Eligible Account the account created pursuant to a securitization in accordance with Section 3.08 herein;the amounts and in the manner specified in the agreements pursuant to which the Purchaser intends to effect a Pass-Through Transfer or Whole Loan Transfer, if applicable; and (x) 8) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to . On each Distribution Date, the Servicer shall withdraw all funds deposited in errorfrom such Collection Account. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, may use such withdrawn funds only for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) abovepurposes described in this Section 5.5.

Appears in 1 contract

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

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Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s 's funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s 's rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X unreimbursed P&I Advance would be a Nonrecoverable Advance the Servicer Xxxxxxxx shall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s 's funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s 's rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X unreimbursed P&I Advance would be a Nonrecoverable Advance the Servicer Xxxxxcer shall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; ; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; ; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s 's funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s 's rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X unreimbursed P&I Advance would be a Nonrecoverable Advance the Servicer Advanxx xxx Xxxxxxxx shall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s 's funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s 's rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx X&X unreimbursed P&I Advance would be a Nonrecoverable Advance the Servicer shall Advancx xxx Xxxxxxxx xhall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s 's right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s 's rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx uxxxxxxxxxxx X&X Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest income, if any, on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]at such time a Mortgage Loan becomes a Charged-off Loan, to reimburse itself to the extent of funds held in the Collection Account for all unreimbursed Servicing Fees, Servicing Advances and P&I Advances owing to the Servicer relating to any Charged-off Loan accrued or advanced during any period prior to the date the Mortgage Loan became a Charged-off Loan; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to withdraw Prepayment Interest Excess, if any; (x) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (xxi) to clear and terminate the Collection Account upon the termination of this Agreement; and; (xixii) to withdraw funds deposited in error; and (xiii) to pay to the Sponsor or the Depositor, as applicable, with respect to each Mortgage Loan that has previously been repurchased or replaced pursuant to the Trust Agreement or Mortgage Loan Purchase Agreement (as such term is defined in the Trust Agreement), as applicable, all amounts received thereon subsequent to the date of purchase or substitution, as further described herein. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (v), (vi), (vii), (x) and (viixiii) above.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-9sl)

Permitted Withdrawals from Collection Account. The Servicer shall, from time to time, withdraw funds from the Collection Account for the following purposes: (i) to make payments to the Owner in the amounts and in the manner provided for in Section 4.01 herein; (ii) to reimburse itself for all P&I Advances of the Servicer’s funds made pursuant to Section 4.03, it being understood that, in the case of any such reimbursement, the Servicer’s rights hereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s right to reimburse itself pursuant to this subclause (ii) with respect to any Mortgage Loan being limited to amounts received on the related Mortgage Loan (including without limitation, late recoveries of payments from the Mortgagor, Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds with respect to such Mortgage Loan to the extent collected) which represent late payments of principal and/or interest respecting which any such P&I Advance was made; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such xxxxxxxxxxxx uxxxxxxxxxxx X&X Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iii) to reimburse itself for all unreimbursed Servicing Advances, it being understood that, in the case of any such reimbursement, the Servicer’s right thereto shall be prior to the rights of the Owner under this Section 3.05; provided, however, that the Servicer’s rights to reimburse itself pursuant to this subclause (iii) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, Condemnation Proceeds and Insurance Proceeds; provided, further, that if such amounts are insufficient to reimburse the Servicer, or if the Servicer determines, using Accepted Servicing Practices, that such unreimbursed Servicing Advance would be a Nonrecoverable Advance the Servicer shall be entitled to reimburse itself from other funds in the Collection Account; (iv) to pay itself interest on funds deposited in the Collection Account pursuant to Section 3.08 and to pay itself the Servicing Fees pursuant to Section 5.01 of this Agreement (less Compensating Interest payments required to be made by the Servicer hereunder); (v) [Reserved]at such time a Mortgage Loan becomes a Charged-off Loan, to reimburse itself to the extent of funds held in the Collection Account for all unreimbursed Servicing Fees, Servicing Advances and P&I Advances owing to the Servicer relating to any Charged-off Loan accrued or advanced during any period prior to the date the Mortgage Loan became a Charged-off Loan; (vi) to pay or to reimburse itself for advances with respect to expenses incurred in connection with any Mortgage Loan, including, but not limited to environmental expenses pursuant to Sections 3.03(b) and (c) herein but only to the extent the Servicer is entitled to reimbursement therefore under this Agreement; (vii) to pay any amount required to be paid pursuant to Section 3.14 related to any REO Property and Section 3.16 related to the satisfaction of the Mortgage Loan; (viii) to invest funds in certain Eligible Investments in accordance with Section 3.08 herein; (ix) to transfer funds to another Eligible Account in accordance with Section 3.08 herein; (x) to clear and terminate the Collection Account upon the termination of this Agreement; and (xi) to withdraw funds deposited in error. The Servicer shall keep and maintain separate accounting, on a loan-by-loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to subsections (ii), (iii), (iv), (vi) and (vii) above.

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-10sl)

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