Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only: (i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder; (iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan; (iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note; (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15; (vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; (vii) to withdraw funds deposited in error; and (viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 69 contracts
Samples: Securitization Subservicing Agreement (Structured Asset Investment Loan Trust 2006-1), Securitization Subservicing Agreement (Sasco 2006-Bc4), Securitization Subservicing Agreement (BNC Mortgage Loan Trust 2006-1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of Mortgage Loans in accordance with the required standard of care of the Servicer hereunder Servicing Standard should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 49 contracts
Samples: Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2004-6), Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2006-Bnc1), Securitization Servicing Agreement (BNC Mortgage Loan Trust 2007-3)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.153.14;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property. Notwithstanding the foregoing, the Servicer shall not have any obligation to make any Servicing Advance that it deems a Nonrecoverable Servicing Advance.
Appears in 36 contracts
Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc1), Securitization Servicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3), Securitization Servicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(viiv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(v) for application to restore or repair the Mortgaged Property in accordance with Section 3.07;
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 35 contracts
Samples: Subservicing Agreement (Sasco 2006-Bc4), Subservicing Agreement (BNC Mortgage Loan Trust 2006-2), Subservicing Agreement (Sasco 2006-Bc2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any related Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Securitized Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage related Securitized Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the related Mortgaged Property in accordance with Section 3.15the Master Servicing Guide;
(viv) to pay to the Servicer, or any the related Mortgagor to the extent required by law, any interest paid on the funds with respect to a Securitized Loan deposited in the Escrow Account; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Securitized Loan or the related Mortgaged Properties, but only from amounts received on the related Securitized Loan which represent late collections of Escrow Payments thereunder;
(vii) to withdraw any funds deposited into the Escrow Account in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related a Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the related Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the such Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage such Mortgaged Property being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the such Mortgaged Property.
Appears in 34 contracts
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Servicing Agreement (Structured Asset Securities Corp Thorn Mort Sec Tr 2003-3), Servicing Agreement (MASTR Alternative Loan Trust 2006-3)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Special Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Special Servicer for any Servicing Advance made by the Special Servicer with respect to a related Transferred Mortgage Loan, but only from amounts received on the related Transferred Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Transferred Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Transferred Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Special Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to transfer funds to another Eligible Institution in accordance with Section 3.10 hereof;
(viii) to withdraw funds deposited in error; and
(viiiix) to clear and terminate the Escrow Account on the termination of this Agreement. The Special Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Special Servicer knows, knows or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Special Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Special Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 28 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-10), Servicing Agreement (Structured Asset Securities Corp. 2005-14), Servicing Agreement (Lehman Mortgage Trust 2007-6)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 22 contracts
Samples: Securitization Servicing Agreement (Lehman XS Trust Series 2006-Gp4), Securitization Servicing Agreement (Lehman XS Trust Series 2007-15n), Securitization Servicing Agreement (Lehman XS Trust Series 2006-12n)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Trust Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.153.07;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Trust Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 16 contracts
Samples: Servicing Agreement (Structured Asset Investment Loan Trust 2004-6), Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc6), Servicing Agreement (Sasco 2006-Bc2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the Xxxxxxx Mac or Xxxxxx Mae Guides;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 15 contracts
Samples: Subservicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc7), Subservicing Agreement (Structured Asset Inv Loan Mort Pass Thru Cer Ser 2003-Bc7), Subservicing Agreement (Amoritizing Residential Col Tr Mor Pas Thru Cer Ser 2002-Bc6)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance Primary Mortgage Insurance Policy premiums, if applicable, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(n);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagors interest on funds in Escrow Account, to the Escrow Accounts extent required by law, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account in respect of is insufficient, shall pay such interest from its obligations under this Section 3.06own funds, reimbursable from the Escrow Accounts or Custodial Account without any reimbursement therefor; and
(viii) to pay to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, Mortgagors or which the Servicer knows, or other parties Insurance Proceeds deposited in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien accordance with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged PropertySection 4.02(f).
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Homebanc Corp), Pooling and Servicing Agreement (HomeBanc 2007-1), Transfer and Servicing Agreement (HomeBanc Mortgage Trust 2006-2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Seller only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Seller for any Servicing Advance Advances made by the Servicer Seller pursuant to Section 5.09 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration restoration, inspection or repair of the Mortgaged Property in accordance with the procedures outlined in Section 3.155.15;
(vi) to pay to the ServicerSeller, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to withdraw funds deposited in error. The Servicer Seller will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.065.07, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer Seller knows, or in the exercise of the required standard of care of the Servicer Seller hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer Seller receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer Seller will, within ten (10) Business Days days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 13 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs), Servicing Agreement (LXS 2007-3), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiumsfire, condominium charges, fire flood and hazard insurance premiums and comparable items in a manner and at a time that assures that the lien priority of the Mortgage is not jeopardized (or, with respect to the payment of taxes, in a manner and at a time that avoids the loss of the Mortgaged Property due to a tax sale or other items constituting Escrow Payments for the related Mortgage;
foreclosure as a result of a tax lien), (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
thereunder with respect to taxes and assessments and with respect to hazard insurance, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement, or (viii) to transfer to the Collection Account any insurance proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 12 contracts
Samples: Pooling and Servicing Agreement (ABFC 2006-Opt2 Trust), Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-Wmc1), Pooling and Servicing Agreement (CHEC Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rentsEscrow Payments, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement, or (viii) to transfer to the Collection Account any Insurance Proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-2 Trust), Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-3 Trust), Pooling and Servicing Agreement (Asset Backed Funding Corp)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible , (viii) to transfer to the Collection Account any insurance proceeds, or (ix) in the case of FHA Loans and VA Loans, for transfer to the administration Collection Account, fire and hazard insurance proceeds and Escrow Payments with respect to any Mortgage Loan where the FHA or VA, as the case may be, has directed application of such funds as a credit against the proceeds of the FHA Insurance Contract or the VA Guaranty Agreement. As part of its servicing duties, the Servicer shall pay to the Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp), Pooling and Servicing Agreement (Asset Backed Funding Corp), Pooling and Servicing Agreement (C Bass Mortgage Loan Asset Backed Cert Series 2002-Cb5)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Master Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiumsfire, condominium charges, fire flood and hazard insurance premiums or other and comparable items constituting Escrow Payments for in a manner and at a time that assures that the related Mortgage;
lien priority of the Mortgage is not jeopardized (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer or, with respect to the payment of taxes, in a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account manner and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid at a time that avoids the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If ), (ii) to reimburse the Master Servicer for any such payment has not been Servicing Advance made and by the Master Servicer receives notice of a tax lien with respect to a related Mortgage Loan but only from amounts received on the related Mortgage being imposedLoan which represent late payments or Late Collections of Escrow Payments thereunder with respect to taxes and assessments and with respect to hazard insurance, (iii) to refund to the Servicer will, within ten (10) Business Days of such notice, advance or cause Mortgagor any funds as may be determined to be advanced funds necessary overages, (iv) for transfer to discharge such lien on the Collection Account in accordance with the terms of this Agreement, (v) for application to restoration or repair of the Mortgaged Property, (vi) to pay to the Master Servicer, or to the Mortgagor to the extent required by the related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account, (vii) to clear and terminate the Escrow Account on the termination of this Agreement, or (viii) to transfer to the Collection Account any insurance proceeds. As part of its servicing duties, the Master Servicer shall pay to the Mortgagor interest on funds in the Escrow Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Master Servicer shall deposit in the Escrow Account any amount not required to be deposited therein, it may at any time withdraw such amount from the Escrow Account, any provision herein to the contrary notwithstanding.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp. ABFC Asset Backed Certificates Series 2004-Opt3), Pooling and Servicing Agreement (Abfc Asset-Backed Certificates Series 2004-Opt2), Pooling and Servicing Agreement (Asset-Backed Funding Corp. ABFC Asset Backed Certificates, Series 2004-Opt4)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to withdraw funds deposited in error or for which amounts previously deposited are returned unpaid by the related Mortgagor;
(vii) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 8 contracts
Samples: Securitization Servicing Agreement (Fremont Home Loan Trust 2004-3), Securitization Servicing Agreement (Structured Asset Investment Loan Trust 2005-7), Securitization Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(o);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.064.02(g), reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of the required standard of care of the Servicer hereunder Mortgage Loans in accordance with Servicing Standards should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 8 contracts
Samples: Transfer and Servicing Agreement (NYMT Securities CORP), Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP), Transfer and Servicing Agreement (Merrill Lynch Mort Inv Fieldstone Mort Inv Tr Ser 2004-1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this AgreementAgreement or (viii) to transfer to the Collection Account any insurance proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb6), Pooling and Servicing Agreement (C-Bass 2007-Cb1 Trust), Pooling and Servicing Agreement (C-Bass 2006-Cb7 Trust)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(o);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.064.02(g), reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of Mortgage Loans in accordance with the required standard of care of the Servicer hereunder Servicing Standard should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds (which will constitute a Servicing Advance) necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 7 contracts
Samples: Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2006-1), Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2005-4), Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2005-2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement, or (viii) to transfer to the Collection Account any insurance proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Ownit Mortgage Loan Trust, Series 2006-1), Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Nc1), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Series 2006-Cb4)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Company only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Company for any Servicing Advance Advances made by the Servicer Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to the restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 3.154.14;
(vi) to pay to the ServicerCompany, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw remove funds deposited inadvertently placed in errorthe Escrow Account by the Company; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will Company shall be responsible for the administration of the Escrow Accounts and will be obligated entitled to make Servicing Advances to retain any interest paid on funds deposited in the Escrow Account in respect of its obligations under this Section 3.06by the depository institution other than interest on escrowed funds required by law to be paid to the Mortgagor and, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from required by law, the related Mortgagor, anything Company shall pay interest on escrowed funds to the contrary notwithstanding, when and as necessary to avoid Mortgagor notwithstanding that the lapse of insurance coverage on the Mortgaged Property, Escrow Account is non-interest bearing or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, that interest paid thereon is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lieninsufficient for such purposes. If any such payment has not been made and the Servicer receives notice of Company elects or is required by law to deposit a tax lien with respect to the Mortgage being imposedMortgagor's escrow funds into an interest-bearing account, the Servicer willCompany shall remain obligated to pay the Mortgagor's taxes and insurance premiums when due, within ten (10) Business Days of such notice, advance or cause to be advanced even if the Mortgagor's escrow funds necessary to discharge such lien are not withdrawable on the Mortgaged Propertydemand.
Appears in 6 contracts
Samples: Trust Agreement (GS Mortgage GSAMP Trust 2004-Wf), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2003-He2), Trust Agreement (Gs Mortgage Securities Corp Mort Pas THR Cert Se 2002 Wf)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible , (viii) to transfer to the Collection Account any insurance proceeds, or (ix) in the case of FHA Loans, for transfer to the administration Collection Account, fire and hazard insurance proceeds and Escrow Payments with respect to any Mortgage Loan where the FHA has directed application of such funds as a credit against the proceeds of the FHA Insurance Contract. As part of its servicing duties, the Servicer shall pay to the Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp C-Bass Mortgage Loan Asset-Backed Certificates, Series 2004-Cb5), Pooling and Servicing Agreement (Financial Asset Sec Corp C Bass Mort Ln as Bk Ce Se 02-Cb6), Pooling and Servicing Agreement (Asset Backed Funding Corp C Bass Mor Ln as Bk Ce Se 2004 Cb1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 5 contracts
Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 Bc1), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002 Hf2), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Trust Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the Xxxxxxx Mac or Xxxxxx Mae Guides;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Trust Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 5 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc8), Servicing Agreement (Structured Asset Inv Loan Mort Pass THR Certs Ser 2003-Bc6), Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Ce Se 2003-Bc12)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesand comparable items, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible , (viii) to transfer to the Collection Account any insurance proceeds, or (ix) in the case of FHA Loans, for transfer to the administration Collection Account, fire and hazard insurance proceeds and Escrow Payments with respect to any Mortgage Loan where the FHA has directed application of such funds as a credit against the proceeds of the FHA Insurance Contract. As part of its servicing duties, the Servicer shall pay to the Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc C-Bass Mortgage Loan Asset-Backed Certificates, Series 2004-Cb7)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Trust Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the Xxxxxxx Mac or Xxxxxx Mae Guides;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Trust Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 4 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2002-Bc8), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc9), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc7)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Company only:
(i) : to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) ; to reimburse the Servicer Company for any Servicing Advance Advances made by the Servicer Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) ; to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, ; for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) ; for application to restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 3.15;
(vi) 4.14; to pay to the ServicerCompany, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement; and to withdraw funds deposited in error. Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor at the time they first become due. The Servicer will be responsible Company assumes full responsibility for the administration timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06Payments, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect Company shall make advances from its own funds to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of effect such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Propertypayments.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-1), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-5)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible , (viii) to transfer to the Collection Account any insurance proceeds, or (ix) in the case of FHA Loans, for transfer to the administration Collection Account, fire and hazard insurance proceeds and Escrow Payments with respect to any Mortgage Loan where the FHA, as the case may be, has directed application of such funds as a credit against the proceeds of the FHA Insurance Contract. As part of its servicing duties, the Servicer shall pay to the Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (C-Bass 2004-Cb8 Trust), Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-Cb3)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(o);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06Agreement, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of the required standard of care of the Servicer hereunder Mortgage Loans in accordance with Servicing Standards should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 4 contracts
Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP), Transfer and Servicing Agreement (Fieldstone Mortgage Investment Trust, Series 2006-2), Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium chargesPrimary Mortgage Insurance Policy premiums (if applicable), fire and hazard insurance premiums premiums, condominium charges or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which that represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and;
(viii) to clear and terminate the Escrow Account on the termination of this Agreement;
(ix) to pay to the Mortgagors or other parties Insurance Proceeds deposited in accordance with Section 3.04; and
(x) to remove funds inadvertently placed in the Escrow Account by the Servicer. The Servicer will shall be responsible for the administration of the Escrow Accounts and will shall be obligated to make Servicing Advances to the Escrow Account Accounts in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything in this Agreement to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which that the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 3 contracts
Samples: Securitization Servicing Agreement (TBW 2006-2), Securitization Servicing Agreement (TBW 2006-3), Securitization Servicing Agreement (TBW 2006-1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of the required standard of care of the Servicer hereunder Mortgage Loans in accordance with Accepted Servicing Practices should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 3 contracts
Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Ff3), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc3), Securitization Servicing Agreement (First Franklin Mortgage Loan Trust 2003-FFB)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(o);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06Agreement , reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of the required standard of care of the Servicer hereunder Mortgage Loans in accordance with Servicing Standards should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP), Transfer and Servicing Agreement (New York Mortgage Trust 2005-3), Transfer and Servicing Agreement (SunTrust Mortgage Securitization, LLC)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Subservicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Subservicer for any Servicing Advance made by the Servicer Subservicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer Subservicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 3 contracts
Samples: Securitization Subservicing Agreement (Lehman XS Trust Series 2006-Gp2), Securitization Subservicing Agreement (Lehman XS Trust Series 2006-Gp1), Securitization Subservicing Agreement (Lehman XS Trust Series 2006-4n)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(o);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.064.02(g), reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of the required standard of care of the Servicer hereunder Mortgage Loans in accordance with Servicing Standards should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds (which will constitute a Servicing Advance) necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (Structured Asset Securities Corp), Transfer and Servicing Agreement (Aames Mortgage Investment Trust 2005-1), Transfer and Servicing Agreement (Structured Asset Securities Corp)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage sewer rents, fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible , (viii) to transfer to the Collection Account any Insurance Proceeds or (ix) in the case of FHA Loans, for transfer to the administration Collection Account, fire and hazard insurance proceeds and Escrow Payments with respect to any Mortgage Loan where the FHA has directed application of such funds as a credit against the proceeds of the FHA Insurance Contract. As part of its servicing duties, the Servicer shall pay to the Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 3 contracts
Samples: Servicing Agreement (Morgan Stanley Mortgage Pass THR Cert Ser 2003-He1), Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust, Series 2004-Sd2), Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust Series 2004-Sd1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement.
(viii) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or related Mortgaged Properties. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten twenty (1020) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 3 contracts
Samples: Securitization Servicing Agreement (Structured Asset Inv Loan Mort Pass Thru Cer Ser 2003-Bc7), Securitization Servicing Agreement (Aames Mortgage Tr Mort Pas Thru Cert Sers 2003-1), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 S1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Seller only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Seller for any Servicing Advance Advances made by the Servicer Seller pursuant to Section 5.09 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration restoration, inspection or repair of the Mortgaged Property in accordance with the procedures outlined in Section 3.155.15;
(vi) to pay to the ServicerSeller, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited pay to the Mortgagors or other parties Insurance Proceeds in error; andaccordance with Section 5.06;
(viii) to clear and terminate the Escrow Account on the termination of this Agreement; and
(ix) to withdraw funds deposited in error. The Servicer Seller will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.065.07, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer Seller knows, or in the exercise of the required standard of care of the Servicer Seller hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer Seller receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer Seller will, within ten (10) Business Days days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-10), Flow Purchase, Warranties and Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-22)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.09(i);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.064.02(g), reimbursable from the Escrow Accounts or Custodial Collection Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of Mortgage Loans in accordance with the required standard of care of the Servicer hereunder Servicing Standard should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds (which will constitute a Servicing Advance) necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Indymac Abs Inc), Sale and Servicing Agreement (Indymac MBS Inc)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of the required standard of care of the Servicer hereunder Mortgage Loans in accordance with Servicing Standards should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (Fieldstone Mortgage Investment CORP), Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage sewer rents, fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible , (viii) to transfer to the Collection Account any Insurance Proceeds, (ix) in the case of FHA Loans, for transfer to the administration Collection Account, fire and hazard insurance proceeds and Escrow Payments with respect to any Mortgage Loan where the FHA has directed application of such funds as a credit against the proceeds of the FHA Insurance Contract, (x) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period or (xi) to withdraw suspense payments that are deposited into the Escrow Accounts Account. As part of its servicing duties, the Servicer shall pay to the Mortgagor interest on funds in the Escrow Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 2 contracts
Samples: Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust Series 2004-Sd1), Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust, Series 2004-Sd2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiumsfire, condominium charges, fire flood and hazard insurance premiums and comparable items in a manner and at a time that assures that the lien priority of the Mortgage is not jeopardized (or, with respect to the payment of taxes, in a manner and at a time that avoids the loss of the Mortgaged Property due to a tax sale or other items constituting Escrow Payments for the related Mortgage;
foreclosure as a result of a tax lien), (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
thereunder with respect to taxes and assessments and with respect to hazard insurance, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Trust Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement, or (viii) to transfer to the Trust Collection Account any insurance proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2004-Ff1), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff10 Asset-Backed Certificates, Series 2004-Ff10)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium chargesPrimary Mortgage Insurance Policy premiums (if applicable), fire and hazard insurance premiums premiums, condominium charges or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which that represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required for Escrow Payments under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.153.12;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and;
(viii) to clear and terminate the Escrow Account on the termination of this Agreement; and
(ix) to pay to the Mortgagors or other parties Insurance Proceeds deposited in accordance with Section 3.04. The Servicer will shall be responsible for the administration of the Escrow Accounts and will shall be obligated to make Servicing Advances to the Escrow Account Accounts in respect of its obligations under this Section 3.063.07, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything in this Agreement to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which that the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 2 contracts
Samples: Securitization Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-4), Securitization Servicing Agreement (TBW Mortgage-Backed Trust Series 2007-2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer or the Subservicer only:
(ia) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgagepremiums, Primary Mortgage Insurance Policy premiums, if applicable, and comparable items;
(iib) to reimburse the Servicer or the Subservicer for any Servicing Advance made by the Servicer or the Subservicer, as the case may be, with respect to a related Mortgage Loan, Loan but only from amounts received on the related such Mortgage Loan which represent late collections payments of Escrow Payments the amounts advanced thereunder;
(iiic) to refund to any Mortgagor Mortgagors any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loanoverages;
(ivd) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance in connection with an acquisition of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage NoteREO Property;
(ve) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15Property;
(vif) to pay to the ServicerServicer or the Subservicer, as the case may be, or any to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(viig) to withdraw funds pay to the Mortgagors or other parties Insurance Proceeds deposited in erroraccordance with Section 4.06;
(h) to remove funds placed in an Escrow Account in error by the Servicer or the Subservicer ; and
(viiii) to clear and terminate the Escrow Account on the termination of this Agreement. As part of its servicing duties, the Servicer shall or shall cause the Subservicer to, pay to the Mortgagors interest on funds in an Escrow Account, to the extent required by law, and to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make make, or to cause the Subservicer to make, Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding4.07, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary and to avoid the loss of a tax lien being placed on the Mortgaged Property due to a tax sale or Property. Notwithstanding the foreclosure as a result of a tax lien. If foregoing, if any such payment has not been made and the Servicer or the Subservicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer willwill advance, within ten (10) Business Days of such notice, advance or cause the Subservicer to be advanced funds advance, Servicing Advances necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 2 contracts
Samples: Servicing Agreement (Peoples Choice Home Loan Securities Corp), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Company only:: <PAGE>
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Company for any Servicing Advance Advances made by the Servicer Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to the restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 3.154.14;
(vi) to pay to the ServicerCompany, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw remove funds deposited inadvertently placed in error; andthe Escrow Account by the Company;
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration ; and
(ix) to transfer payment on account of the Escrow Accounts and will be obligated to make Servicing Advances Buydown Funds or Subsidy Funds to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged PropertyAccount.
Appears in 2 contracts
Samples: Servicing Agreement, Servicing Agreement
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer or the Subservicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgagepremiums, Primary Mortgage Insurance Policy premiums, if applicable, and comparable items;
(ii) to reimburse the Servicer or the Subservicer for any Servicing Advance made by the Servicer or the Subservicer, as the case may be, with respect to a related Mortgage Loan, Loan but only from amounts received on the related such Mortgage Loan which represent late collections payments of Escrow Payments the amounts advanced thereunder;
(iii) to refund to any Mortgagor Mortgagors any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loanoverages;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance in connection with an acquisition of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage NoteREO Property;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15Property;
(vi) to pay to the ServicerServicer or the Subservicer, as the case may be, or any to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds pay to the Mortgagors or other parties Insurance Proceeds deposited in erroraccordance with Section 4.06;
(viii) to remove funds placed in an Escrow Account in error by the Servicer or the Subservicer ; and
(viiiix) to clear and terminate the Escrow Account on the termination of this Agreement. As part of its servicing duties, the Servicer shall or shall cause the Subservicer to, pay to the Mortgagors interest on funds in an Escrow Account, to the extent required by law, and to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make make, or to cause the Subservicer to make, Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding4.07, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary and to avoid the loss of a tax lien being placed on the Mortgaged Property due to a tax sale or Property. Notwithstanding the foreclosure as a result of a tax lien. If foregoing, if any such payment has not been made and the Servicer or the Subservicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer willwill advance, within ten (10) Business Days of such notice, advance or cause the Subservicer to be advanced funds advance, Servicing Advances necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 2 contracts
Samples: Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the Xxxxxxx Mac or Xxxxxx Mae Guides;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Trust Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(iv) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw remove funds deposited inadvertently placed in errorthe Escrow Account by the Servicer; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts Account or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property. Notwithstanding the foregoing, the Servicer shall not have any obligation to make any Servicing Advance that it deems a Nonrecoverable Advance.
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiumsfire, condominium charges, fire flood and hazard insurance premiums and comparable items in a manner and at a time that assures that the lien priority of the Mortgage is not jeopardized (or, with respect to the payment of taxes, in a manner and at a time that avoids the loss of the Mortgaged Property due to a tax sale or other items constituting Escrow Payments for the related Mortgage;
foreclosure as a result of a tax lien), (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
thereunder with respect to taxes and assessments and with respect to hazard insurance, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
Account or (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Asset Backed Funding Corp Abfc Asset Backed Ser 2004-Ahl1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Serviced Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Custodial Account and application to reduce the principal balance of the Serviced Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the FHLMC Guide;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Serviced Mortgage Loan or the related Mortgaged Properties, but only from amounts received on the related Serviced Mortgage Loan which represent late collections of Escrow Payments thereunder;
(vii) to withdraw any funds deposited into the Escrow Account in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Sr 2001-Bc4)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Trust Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.153.14;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Trust Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property. Notwithstanding the foregoing, the Servicer shall not have any obligation to make any Servicing Advance that it deems a Nonrecoverable Servicing Advance.
Appears in 1 contract
Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 Ff3)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the Xxxxxxx Mac or Xxxxxx Mae Guides;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Subservicing Agreement (Structured Asset Securities Corp)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Company only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Company for any Servicing Advance Advances made by the Servicer Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 3.154.14;
(vi) to pay to the ServicerCompany, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement; and
(viii) to withdraw funds deposited in error. Section 4.08 Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor at the time they first become due. The Servicer will be responsible Company assumes full responsibility for the administration timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06Payments, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect Company shall make advances from its own funds to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of effect such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Propertypayments.
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance Primary Mortgage Insurance Policy premiums, if applicable, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(n);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagors interest on funds in Escrow Account, to the Escrow Accounts extent required by law, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account in respect of is insufficient, shall pay such interest from its obligations under this Section 3.06own funds, reimbursable from the Escrow Accounts or Custodial Account without any reimbursement therefor; and 217412 HomeBanc 2007-1 Pooling and Servicing Agreement
(viii) to pay to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, Mortgagors or which the Servicer knows, or other parties Insurance Proceeds deposited in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien accordance with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged PropertySection 4.02(f).
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the Freddie Mac or Xxxxxx Xxx Guides;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Subservicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc8)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Collection Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Wells Fargo Asset Securities Corp)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the FHLMC Guide;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(vii) to withdraw any funds deposited into the Escrow Account in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Structured Ass Sec Cor a R Col Tr MRT Ps THR CRT Ser 01-Bc6)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessmentsfire, water rates, mortgage flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this AgreementAgreement or (viii) to transfer to the Collection Account any insurance proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Subservicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Subservicer for any Servicing Advance made by the Servicer Subservicer with respect to a related Mortgage Loan, but only from amounts received on the related such Mortgage Loan which represent late collections of Escrow Payments thereunderthereunder to the extent not otherwise reimbursed pursuant to Section 3.04(iv);
(iii) to refund to any Mortgagor any funds found to be in excess of the escrow amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable lawAccepted Servicing Practices, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.153.13;
(vi) to pay to the ServicerSubservicer, or any Mortgagor to the extent required permitted by lawAccepted Servicing Practices, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer Subservicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor. The Subservicer shall keep and maintain separate accounting, anything to on a Mortgage Loan by Mortgage Loan basis, and on an REO Property by REO Property basis, for the contrary notwithstanding, when and as necessary to avoid purpose of justifying any withdrawal from the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged PropertyEscrow Account.
Appears in 1 contract
Samples: Strategic Alliance Agreement (Provident Mortgage Capital Associates, Inc.)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance Primary Mortgage Insurance Policy premiums, if applicable, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(n);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagors interest on funds in Escrow Account, to the Escrow Accounts extent required by law, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account in respect of is insufficient, shall pay such interest from its obligations under this Section 3.06own funds, reimbursable from the Escrow Accounts or Custodial Account without any reimbursement therefor; and
(viii) to pay to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when Mortgagors or other parties Insurance Proceeds deposited in accordance with Section 4.02(f). 145322 HomeBanc 2005-2 Transfer and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.Servicing Agreement 55
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the FHLMC or FNMA Guide;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties, but solely from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(vii) to withdraw any funds deposited into the Escrow Account in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Amortizing Resi Collateral Tr Mort Pas Thru Cer Ser 2001-Bc1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Trust Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the Freddie Mac or Fannie Mae Guides;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by lawrequirxx xx xaw, any interest xxxxxxst paid on the funds deposited in the Escrow Account;
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Trust Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 Bc9)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Trust Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the Freddie Mac or Fannie Mae Guides;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in deposixxx xx the Escrxx Xxxount; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow AccountPayments for a Mortgage Loan or the related Mortgaged Properties;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Trust Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Amoritizing Residential Col Tr Mor Pas Thru Cer Ser 2002-Bc6)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer NYMT Servicing only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer NYMT Servicing for any Servicing Advance of an Escrow Payment made by the Servicer NYMT Servicing with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(o);
(vi) to pay to the ServicerNYMT Servicing, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer NYMT Servicing will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06Agreement , reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer NYMT Servicing knows, or in servicing the exercise of the required standard of care of the Servicer hereunder NYMC Mortgage Loans in accordance with Servicing Standards should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer NYMT Servicing receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, NYMT Servicing will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (NYMT Securities CORP)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessmentsfire, water rates, mortgage flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement, or (viii) to transfer to the Collection Account any insurance proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-Cb4)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Escrow Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, ; assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related MortgageMortgage Loan;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunderLoan;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage LoanLoan at any time or funds remaining therein after the principal balance of the related Mortgage Loan has been paid in full;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage NoteLoan;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15Property;
(vi) for transfer to the Collection Account of fire and hazard insurance proceeds and Escrow Payments with respect to any FHA Loan or VA Loan, where the FHA or the VA, respectively, has directed application of funds as a credit against the proceeds of the FHA Insurance Contract or VA Loan Guaranty Agreement;
(vii) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Accounttherein;
(viiviii) to remit funds to the Issuer or other Person entitled thereto in accordance with Section 2.20 hereof;
(ix) to pay to the Mortgagor or the Servicer as appropriate 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 or credited to the Escrow Account in error;
(x) to pay late fees to the extent permitted by the terms of the related Mortgage and Mortgage Loan;
(xi) to withdraw funds deposited in error; and
(viiixii) to clear and terminate the Escrow Account or Accounts on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) : to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire hazard and hazard flood insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) ; to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) ; to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) , or applicable law; to the extent permitted by applicable lawlaw and the Mortgage Loan Documents, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) ; for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) 3.14; to pay to the Servicer, or any Mortgagor to the extent required by lawlaw and the Mortgage Loan Documents, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) and to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, knows is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds Servicing Advances necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-3)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesand comparable items, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement, or (viii) to transfer to the Collection Account any Insurance Proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Painewebber Mortgage Acceptance Corp Iv Series 2000-He-1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Company only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Company for any Servicing Advance Advances made by the Servicer Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 3.154.14;
(vi) to pay to the ServicerCompany, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement; and
(viii) to withdraw funds deposited in error. Section 4.08 Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor at the time they first become due. The Servicer will be responsible Company assumes full responsibility for the administration timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Accounts Payments, and will the Company shall make advances from its own funds to effect such payments; provided, that the Seller shall not be obligated required to make Servicing Advances any Nonrecoverable Advance. In the event that the Seller determines that any advance would be a Nonrecoverable Advance, the Seller shall promptly deliver to the Escrow Account in respect Purchaser notification of its obligations under this Section 3.06such determination, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise accompanies by an officer's certificate of the required standard of care of Seller setting forth the Servicer hereunder should know, reason such advance is necessary determined to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result be nonrecoverable. Upon liquidations of a tax lien. If Mortgage Loan, if the Liquidation Proceeds are insufficient to reimburse the Seller for any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposedNonrecoverable Advances made, the Servicer will, within ten (10) Business Days of Purchaser shall reimburse the Seller for such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Propertyshortfall.
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Company only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Company for any Servicing Advance Advances made by the Servicer Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 3.154.14;
(vi) to pay to the ServicerCompany, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement; and
(viii) to withdraw funds deposited in error.Section 4.08 Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of PMI Policy premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor at the time they first become due. The Servicer will be responsible Company assumes full responsibility for the administration timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06Payments, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect Company shall make advances from its own funds to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of effect such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Propertypayments.
Appears in 1 contract
Samples: Seller's Warranties and Servicing Agreement (Lehman Sarm 2005-5)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer or the Subservicer only:
(ia) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgagepremiums, Primary Mortgage Insurance Policy premiums, if applicable, and comparable items;
(iib) to reimburse the Servicer or the Subservicer for any Servicing Advance made by the Servicer or the Subservicer, as the case may be, with respect to a related Mortgage Loan, Loan but only from amounts received on the related such Mortgage Loan which represent late collections payments of Escrow Payments the amounts advanced thereunder;
(iiic) to refund to any Mortgagor Mortgagors any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loanoverages;
(ivd) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance in connection with an acquisition of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage NoteREO Property;
(ve) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15Property;
(vif) to pay to the ServicerServicer or the Subservicer, as the case may be, or any to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(viig) to withdraw funds pay to the Mortgagors or other parties Insurance Proceeds deposited in erroraccordance with Section 4.06 hereof;
(h) to remove funds placed in an Escrow Account in error by the Servicer or the Subservicer; and
(viiii) to clear and terminate the Escrow Account on the termination of this Agreement. As part of its servicing duties, the Servicer shall or shall cause the Subservicer to, pay to the Mortgagors interest on funds in an Escrow Account, to the extent required by law, and to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make make, or to cause the Subservicer to make, Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding4.07 hereof, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary and to avoid the loss of a tax lien being placed on the Mortgaged Property due to a tax sale or Property. Notwithstanding the foreclosure as a result of a tax lien. If foregoing, if any such payment has not been made and the Servicer or the Subservicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer willwill advance, within ten (10) Business Days of such notice, advance or cause the Subservicer to be advanced funds advance, Servicing Advances necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (People's Financial Realty Mortgage Securities 2006-1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Escrow Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, ; assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related MortgageMortgage Loan;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunderLoan;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage LoanLoan at any time or funds remaining therein after the principal balance of the related Mortgage Loan has been paid in full;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage NoteLoan;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15Property;
(vi) for transfer to the Collection Account of fire and hazard insurance proceeds and Escrow Payments with respect to any FHA Loan or VA Loan, where the FHA or the VA, respectively, has directed application of funds as a credit against the proceeds of the FHA Insurance Contract or VA Loan Guaranty Agreement;
(vii) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Accounttherein;
(viiviii) to remit funds to the Issuer or other Person entitled thereto in accordance with Section 2.20 hereof;
(ix) to pay to the Mortgagor or the Servicer as appropriate 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 or credited to the Escrow Account in error;
(x) to pay late fees to the extent permitted by the terms of the related Mortgage Loan;
(xi) to withdraw funds deposited in error; and
(viiixii) to clear and terminate the Escrow Account or Accounts on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Payment of Taxes and Insurance.
(a) Withdrawals from the Escrow Account or Accounts may be made only by the Servicer and only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard hazard, liability and other insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Servicer, Special Servicer, Indenture Trustee or Fiscal Agent, as applicable, for any Servicing Advance not otherwise reimbursed or reimbursable under Section 5.05, plus interest at the Reimbursement Rate as provided under the terms of this Agreement, relating to taxes, assessments, water rates, sewer rates and other charges which are or may become a lien upon the Mortgaged Property and fire, hazard, liability and other insurance coverage premium payments made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iiiA) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
Loan or applicable federal or state law or judicial or administrative ruling or (ivB) to pay interest to any Mortgagor on balances in the extent permitted Escrow Account, if required by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with law or the terms of the related Mortgage and Mortgage NoteLoan, or if not so required, to transfer such funds to the Collection Account pursuant to Section 5.02(a)(iii);
(viv) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15the Servicing Standard and the servicing provisions set forth herein;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiiv) to clear and terminate the Escrow Account on the termination of this Agreement. The ;
(vi) to transfer funds to another Eligible Account in accordance with Section 5.02(b)(i); and
(vii) to remove funds the Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to or Special Servicer, as applicable, deposited in the Escrow Account in respect of its obligations under this Section 3.06error.
(b) The Servicer or Special Servicer, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagoras applicable, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien shall maintain accurate records with respect to each Mortgaged Property reflecting the Mortgage being imposedstatus of taxes, assessments, basic carrying costs and other similar items that are or may become a lien thereon and the status of insurance premiums and ground rents, if applicable, payable in respect thereof. The Servicer willor Special Servicer, within ten (10) Business Days as applicable, shall obtain, from time to time, all bills for the payment of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.items (including renewal premiums) and shall effect
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Company only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance Primary Mortgage Insurance Policy premiums, condominium chargesif applicable, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgagepremiums, condominium assessments and comparable items;
(ii) to reimburse the Servicer Company for any Servicing Advance made by the Servicer Company with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder;
(iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loanoverages;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Notethis Agreement;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15Property;
(vi) to pay to the ServicerCompany, or any to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible As part of its servicing duties, the Company shall pay to the Mortgagors interest on funds in Escrow Account, to the extent required by law, and to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor; and
(viii) to pay to the Mortgagors or other parties Insurance Proceeds deposited in accordance with Section 4.06. Section 4.08 Payment of Taxes, Insurance and Other Charges: Maintenance of Primary Mortgage Insurance Policies: Collections Thereunder. With respect to each Mortgage Loan, the Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates and other charges which are or may become a lien upon the Mortgaged Property and the status of primary mortgage insurance premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the administration payment of such charges, including renewal premiums and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage or applicable law. To the extent that the Mortgage does not provide for Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor at the time they first become due. The Company assumes full responsibility for the timely payment of all such bills and shall effect timely payments of all such bills irrespective of the Mortgagor's faithful performance in the payment of same or the making of the Escrow Accounts Payments and shall make advances from its own funds to effect such payments. The Company will maintain in full force and effect Primary Mortgage Insurance Policies or Lender Primary Mortgage Insurance Policies issued by a Qualified Insurer with respect to each Mortgage Loan for which such coverage is herein required. Such coverage will be obligated terminated only with the approval of Purchaser, or as required by applicable law or regulation. The Company will not cancel or refuse to make Servicing Advances renew any Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy in effect on the Closing Date that is required to be kept in force under this Agreement unless a replacement Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy for such canceled or nonrenewed policy is obtained from and maintained with a Qualified Insurer. The Company shall not take any action which would result in non-coverage under any applicable Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy of any loss which, but for the actions of the Company would have been covered thereunder. In connection with any assumption or substitution agreement entered into or to be entered into pursuant to Section 6.01, the Company shall promptly notify the insurer under the related Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy, if any, of such assumption or substitution of liability in accordance with the terms of such policy and shall take all actions which may be required by such insurer as a condition to the Escrow Account in respect continuation of its obligations coverage under this Section 3.06, reimbursable from the Escrow Accounts Primary Mortgage Insurance Policy or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, Lender Primary Mortgage Insurance Policy. If such Primary Mortgage Insurance Policy or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, Lender Primary Mortgage Insurance Policy is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure terminated as a result of such assumption or substitution of liability, the Company shall obtain a tax lienreplacement Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy as provided above. If any such payment has not been made In connection with its activities as servicer, the Company agrees to prepare and present, on behalf of itself and the Servicer receives notice of a tax lien with respect Purchaser, claims to the insurer under any Private Mortgage being imposed, Insurance Policy in a timely fashion in accordance with the Servicer will, within ten (10) Business Days terms of such noticePrimar5' Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy and, advance or cause in this regard, to take such action as shall be advanced funds necessary to discharge such lien on permit recovery under any Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy respecting a defaulted Mortgage Loan. Pursuant to Section 4.04, any amounts collected by the Mortgaged PropertyCompany under any Primary Mortgage Insurance Policy or Lender Primary Mortgage Insurance Policy shall be deposited in the Custodial Account, subject to withdrawal pursuant to Section 4.05.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Ac2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Servicing Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Servicing Agreement, (viii) to transfer to the Collection Account any insurance proceeds, or (ix) in the case of FHA Loans and VA Loans, for transfer to the Collection Account, fire and hazard insurance proceeds and Escrow Payments with respect to any Mortgage Loan where the FHA or VA, as the case may be, has directed application of such funds as a credit against the proceeds of the FHA Insurance Contract or the VA Guaranty Agreement. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)
Permitted Withdrawals From Escrow Account. Withdrawals (a) The Servicer shall be entitled to withdrawal funds from the Escrow Account or Accounts may for the following purposes; provided, however, that withdrawals from the Escrow Accounts relating to the Agency Loans shall be made by only in accordance with the Servicer onlyapplicable Agency Guide:
(i) to effect timely payments of ground rents, real estate taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related MortgageMortgage Loan;
(ii) to reimburse the Servicer itself for any Servicing Advance constituting Escrow Payments made by the Servicer pursuant to this Agreement with respect to a related Mortgage LoanLoan (except to the extent already reimbursed pursuant to any other provision of this Agreement), but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required or permitted under the terms of the related Mortgage LoanLoan or Applicable Law;
(iv) to the extent permitted by applicable law, for transfer funds to the Custodial Account and for application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage NoteNote or as specifically authorized by the Mortgagor;
(v) for application to restoration pay to itself as Ancillary Income or repair of pay the Mortgaged Property Owner as Owner Income in accordance with Section 3.15;
(vi) to pay to this Agreement and the ServicerPricing Exhibit, or pay any Mortgagor to the extent required by lawApplicable Law, any interest paid on the funds deposited in the Escrow Account to the extent such interest is earned and deposited in such Escrow Account;
(vi) to restore or repair the Mortgaged Property in accordance with Section 2.15;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance Primary Mortgage Insurance Policy premiums, if applicable, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;; 201359 HomeBanc 2006-2 Transfer and Servicing Agreement
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(n);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagors interest on funds in Escrow Account, to the Escrow Accounts extent required by law, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account in respect of is insufficient, shall pay such interest from its obligations under this Section 3.06own funds, reimbursable from the Escrow Accounts or Custodial Account without any reimbursement therefor; and
(viii) to pay to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, Mortgagors or which the Servicer knows, or other parties Insurance Proceeds deposited in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien accordance with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged PropertySection 4.02(f).
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesand comparable items, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this AgreementAgreement or (viii) to transfer to the Collection Account any insurance proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bond Securitization LLC)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) i. to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgagepremiums, if applicable, Association fees and comparable items;
(ii) . to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder;
(iii) . to refund to any the Mortgagor any funds found as may be determined to be in excess overages, or within the time required under applicable law upon payoff of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, . for transfer to the Custodial Collection Account and application to reduce the principal balance in connection with an acquisition of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage NoteREO Property;
(v) v. for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15or REO;
(vi) . to pay to the Servicer, or any to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) . to withdraw funds pay to the Mortgagors or other parties Insurance Proceeds deposited in erroraccordance with Section 2.03(c);
viii. to remove funds inadvertently placed in an Escrow Account in error by the Servicer or for which amounts previously deposited are returned unpaid due to a "not sufficient funds" or other denial by the obligor's banking institution; and
(viii) ix. to clear and terminate the Escrow Account on the termination of this Agreement. The As part of its servicing duties, the Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances shall advance to the Mortgagors interest on funds in an Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagorrequired by law, anything and to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage extent that interest earned on the Mortgaged Property, or which the Servicer knows, or funds in the exercise of the required standard of care of the Servicer hereunder should knowEscrow Account is insufficient to satisfy such obligation, is necessary shall pay such interest to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged PropertyMortgagors at Owner’s expense.
Appears in 1 contract
Samples: Residential Mortgage Special Servicing Agreement (AHP Servicing LLC)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgagepremiums, Primary Mortgage Insurance Policy premiums, if applicable, and comparable items;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder;
(iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loanoverages;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Mortgage Collection Account and application to reduce the principal balance in connection with an acquisition of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage NoteREO Property;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15securing a Mortgage Loan to the extent that the applicable Escrow Payments relate to such Mortgage Loan;
(vi) to pay to the Servicer, or any to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds pay to the Mortgagors or other parties Insurance Proceeds deposited in erroraccordance with SECTION 4.06;
(viii) to remove funds inadvertently placed in an Escrow Account in error by the Servicer; and
(viiiix) to clear and terminate the Escrow Account on the termination of this Agreement. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagors interest on funds in an Escrow Account, to the Escrow Accounts extent required by law, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account in respect of is insufficient, shall pay such interest from its obligations under this Section 3.06own funds, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If without any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Propertyreimbursement therefor.
Appears in 1 contract
Samples: Servicing Agreement (American Business Financial Services Inc /De/)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(o);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of the required standard of care of the Servicer hereunder Mortgage Loans in accordance with Servicing Standards should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Escrow Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, ; assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related MortgageMortgage Note;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage LoanNote, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunderNote;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage LoanNote or funds remaining therein after the principal balance of the related Mortgage Note has been paid in full;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan Note in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15Property;
(vi) for transfer to the Collection Account of fire and hazard insurance proceeds and Escrow Payments with respect to any FHA Loan or VA Loan, where the FHA or the VA, respectively, has directed application of funds as a credit against the proceeds of the FHA Insurance Contract or VA Loan Guaranty Agreement;
(vii) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Accounttherein;
(vii) to withdraw funds deposited in error; and
(viii) to clear remit funds to the Owner in accordance with Section 2.19 hereof;
(ix) to pay to the Mortgagor or the Servicer as appropriate any amounts in respect of which the Mortgagor's check has been returned and terminate not honored by the Mortgagor's bank for any reason or any amounts deposited or credited to the Escrow Account in error;
(x) to pay late fees to the extent permitted by the terms of the related Mortgage and Mortgage Note; and
(xi) to clear the Escrow Account or Accounts on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Main Place Real Estate Investment Trust /Md/)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
and comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated Agreement or (viii) to make Servicing Advances transfer to the Collection Account any Insurance Proceeds. In the event the Servicer shall deposit in an Escrow Account in respect of its obligations under this Section 3.06any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the such Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse . As part of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposedits servicing duties, the Servicer willshall pay to the Mortgagor interest on funds in the Escrow Account, within ten (10) Business Days of to the extent required by the related Mortgage Loan or Applicable Regulations, and to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such noticeinterest from its own funds, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Propertywithout any reimbursement therefor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Finan as Sec Cp SDVW Hm Eq Ln Tr 2001-2 as Bk Cer Ser 2001-2)
Permitted Withdrawals From Escrow Account. Payment of Taxes and Insurance. ------------------------------
(a) Withdrawals from the Escrow Account or Accounts may be made by the Servicer onlyonly as follows; provided, however, that withdrawals from Escrow Accounts established pursuant to Section 3.18 may be made only as set forth in such Section 3.18:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for under the related MortgageMortgage Loan Documents;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect relating to a related Mortgage Loan, Escrow Payments but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunderPayments;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage LoanLoan or applicable federal or state law or judicial order;
(iv) for application of Condemnation Proceeds or Insurance Proceeds to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property or to the related Mortgagor, as the case may be, each in accordance with Section 3.15the applicable Mortgage Loan Documents; provided, however, that any consents or approvals required prior to application of such Condemnation Proceeds or Insurance Proceeds to restoration or repair shall not be given by Servicer without the prior written approval of Owner;
(v) to disburse funds from and/or terminate the Escrow Account upon the termination of this Agreement with respect to any or all Mortgage Loans;
(vi) to pay transfer funds to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited another Eligible Account in the Escrow Accountaccordance with Section 3.09 hereof;
(vii) to withdraw remove any funds deposited in error; andthe Escrow Account by the Servicer that were not required to be deposited therein;
(viii) to clear and terminate the extent required by law or the related Mortgage Loan Documents, to pay interest or investment income on escrowed funds to the related Mortgagors;
(ix) to pay from time to time to the Servicer any interest or investment income earned on funds deposited in the Escrow Account pursuant to Section 3.09(b) to the extent permitted by law and subject to the related Mortgage Loan Documents;
(x) to transfer Insurance Proceeds and Condemnation Proceeds not otherwise disbursed under Section 3.08(a)(iv) above to the Custodial Account; and
(xi) to make such other payments, applications or releases of the funds therein as shall be required or permitted by the Mortgage Loan Documents pertaining thereto, subject, in the case of payments that are permitted but not required, to the Owner's prior written direction, including application of such funds to pay principal and interest on the termination related Mortgage Loan. Amounts on deposit in the Escrow Accounts may be withdrawn or used only to make payments, applications or releases in respect of this Agreementthe Mortgage Loan to which they apply and shall not be withdrawn or used to make such payments, applications or releases in respect of any other Mortgage Loan. The Servicer will be responsible shall maintain accurate records with respect to each deposit and withdrawal for each Escrow Account.
(b) The Servicer shall maintain accurate records with respect to each Mortgaged Property reflecting the status of taxes, assessments and other similar items that are or may become a lien thereon and the status of insurance premiums and ground rents, if applicable, payable in respect thereof. The Servicer shall obtain, from time to time, all bills for the administration payment of such items (including renewal premiums) and shall effect payment thereof prior to the Escrow Accounts and will be obligated to make Servicing Advances to applicable penalty or termination date, employing for such purpose amounts in the Escrow Account as allowed under the terms of the Mortgage Loan. If not paid from amounts on deposit in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account Account, the Servicer shall use Best Efforts to the extent not collected from the related Mortgagor, anything cause each Mortgagor to the contrary notwithstandingpay, when and as necessary the same shall become due and payable, and to avoid the lapse of extent a Mortgagor fails to pay, shall itself pay as a Servicing Advance all such taxes, insurance coverage on the premiums (subject to Section 3.11), ground rent or comparable items related to any Mortgaged Property, on or which before the Servicer knowsapplicable penalty or termination date, or in the exercise of the required standard of care of the Servicer hereunder should knowunless, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposedpayment of taxes and assessments, the Servicer willreasonably and in good faith anticipates that such xxxx will be paid by the Mortgagor by the close of business on or before the penalty date, in which event the Servicer shall make such advance (y) within ten (10) five Business Days after the Servicer has received confirmation that such item has not been paid or (z) pursuant to such other schedule as the Owner and the Servicer may agree; provided that nonpayment of such notice, advance taxes or cause to be advanced funds necessary to discharge assessments until such date will not result in the foreclosure of a lien on the Mortgaged Property. In the event that the Servicer fails to pay any such taxes, insurance premiums, ground rent or comparable items related to any Mortgaged Property by the applicable penalty or termination date (except, with respect to taxes and assessments, to the extent such failure to pay is permitted by the preceding sentence), then, in addition to the indemnification provisions set forth in Section 8.01 hereof, the Servicer shall pay any penalties and/or late payment charges assessed with respect thereto, provided that, the Servicer may reimburse itself for such penalties and/or late payment charges solely from amounts paid by the related Mortgagor for such penalties and/or late payment charges in accordance with the terms and provisions of the applicable Mortgage Loan Documents; provided further that the Servicer shall not be required to pay such penalties and/or late payment charges if the Servicer has been expressly directed by the Owner not to pay the related taxes, insurance premiums, ground rents or similar items, unless such penalties and/or late payment result from the Servicer's failure to follow alternative directions of the Owner with respect to such items.
Appears in 1 contract
Samples: Servicing Agreement (Imperial Credit Commercial Mortgage Investment Corp)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage sewer rents, fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible , (viii) to transfer to the Collection Account any Insurance Proceeds or (ix) in the case of FHA Loans, if any, for transfer to the administration Collection Account, fire and hazard insurance proceeds and Escrow Payments with respect to any Mortgage Loan where the FHA has directed application of such funds as a credit against the proceeds of the FHA Insurance Contract, if any. As part of its servicing duties, the Servicer shall pay to the Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Morgan Stanley Mortgage Pass THR Cert Ser 2003-He1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Company only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Company for any Servicing Advance Advances made by the Servicer Company pursuant to Section 4.08 with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with the procedures outlined in Section 3.154.14;
(vi) to pay to the ServicerCompany, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement; and (viii) to withdraw funds deposited in error. Section 4.08 Payment of Taxes, Insurance and Other Charges. With respect to each Mortgage Loan, the Company shall maintain accurate records reflecting the status of ground rents, taxes, assessments, water rates, sewer rents, and other charges which are or may become a lien upon the Mortgaged Property and the status of LPMI Policy premiums and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Company in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage does not provide for Escrow Payments, the Company shall determine that any such payments are made by the Mortgagor at the time they first become due. The Servicer will be responsible Company assumes full responsibility for the administration timely payment of all such bills and shall effect timely payment of all such charges irrespective of each Mortgagor's faithful performance in the payment of same or the making of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06Payments, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect Company shall make advances from its own funds to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of effect such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Propertypayments.
Appears in 1 contract
Samples: Flow Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessmentsfire, water rates, mortgage flood and hazard insurance premiums, condominium chargesand comparable items, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this AgreementAgreement or (viii) to transfer to the Collection Account any insurance proceeds. The As part of its servicing duties, the Servicer will be responsible for shall pay to the administration of Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in respect of its obligations under this Section 3.06the Escrow Account any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Trust 2007-Cb3)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgagepremiums, Primary Mortgage Insurance Policy premiums, if applicable, and comparable items;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder;
(iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loanoverages;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance in connection with an acquisition of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage NoteREO Property;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15Property;
(vi) to pay to the Servicer, or any to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds pay to the Mortgagors or other parties Insurance Proceeds deposited in erroraccordance with Section 4.06;
(viii) to remove funds placed in an Escrow Account in error by the Servicer; and
(viiiix) to clear and terminate the Escrow Account on the termination of this Agreement. As part of its servicing duties, the Servicer shall pay to the Mortgagors interest on funds in an Escrow Account, to the extent required by law, and to the extent that interest earned on funds in the Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding4.07, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary and to avoid the loss of a tax lien being placed on the Mortgaged Property due to a tax sale or Property. Notwithstanding the foreclosure as a result of a tax lien. If foregoing, if any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds Servicing Advances necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Escrow Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, ; assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related MortgageMortgage Note;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage LoanNote, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunderNote;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage LoanNote at any time or funds remaining therein after the principal balance of the related Mortgage Note has been paid in full;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan Note in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15Property;
(vi) for transfer to the Collection Account of fire and hazard insurance proceeds and Escrow Payments with respect to any FHA Loan or VA Loan, where the FHA or the VA, respectively, has directed application of funds as a credit against the proceeds of the FHA Insurance Contract or VA Loan Guaranty Agreement;
(vii) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Accounttherein;
(viiviii) to remit funds to the Issuer or other Person entitled thereto in accordance with Section 2.20 hereof;
(ix) to pay to the Mortgagor or the Servicer as appropriate 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 or credited to the Escrow Account in error;
(x) to pay late fees to the extent permitted by the terms of the related Mortgage and Mortgage Note;
(xi) to withdraw funds deposited in error; and
(viiixii) to clear and terminate the Escrow Account or Accounts on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Main Place Real Estate Investment Trust /Md/)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Trust Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the Xxxxxxx Mac or Xxxxxx Mae Guides;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Mortgage Loan or the related Mortgaged Properties, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(vii) to withdraw any funds deposited into the Escrow Account inadvertently in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Trust Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.153.14;
(vi) to withdraw funds deposited in error or for which amounts previously deposited are returned unpaid by the related Mortgagor;
(vii) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent it is notified or discovers that such amounts have not been collected from the related MortgagorMortgagor or the owner or servicer of the Superior Lien, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property. Notwithstanding the foregoing, the Servicer shall not have any obligation to make any Servicing Advance that it deems a Nonrecoverable Servicing Advance.
Appears in 1 contract
Samples: Trust Agreement (Sasco 2006-S2)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten twenty (1020) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Securitization Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 Am1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by applicable law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in servicing the exercise of Mortgage Loans in accordance with the required standard of care of the Servicer hereunder Servicing Standard should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property in order to prevent loss of title to the Mortgaged Property.
Appears in 1 contract
Samples: Securitization Servicing Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage fire, flood and hazard insurance premiums, condominium chargesPrimary Insurance Policy premiums, fire if applicable, and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
comparable items, (ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, Loan but only from amounts received on the related Mortgage Loan which represent late collections payments or Late Collections of Escrow Payments thereunder;
, (iii) to refund to any the Mortgagor any funds found as may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan;
overages, (iv) to the extent permitted by applicable law, for transfer to the Custodial Collection Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
this Agreement, (v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
Property, (vi) to pay to the Servicer, or any to the Mortgagor to the extent required by lawthe related Mortgage Loan or Applicable Regulations, any interest paid on the funds deposited in the Escrow Account;
, (vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible , (viii) to transfer to the Collection Account any insurance proceeds, or (ix) in the case of FHA Loans and VA Loans, for transfer to the administration Collection Account, fire and hazard insurance proceeds and Escrow Payments with respect to any Mortgage Loan where the FHA or VA, as the case may be, has directed application of such funds as a credit against the proceeds of the FHA Insurance Contract or the VA Guaranty Agreement. As part of its servicing duties, the Servicer shall pay to the Mortgagor interest on funds in the Escrow Accounts Account, to the extent required by the related Mortgage Loan or Applicable Regulations, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the 66 Escrow Account is insufficient, shall pay such interest from its own funds, without any reimbursement therefor. In the event the Servicer shall deposit in the Escrow Account in respect of its obligations under this Section 3.06any amount not required to be deposited therein, reimbursable it may at any time withdraw such amount from the Escrow Accounts or Custodial Account to the extent not collected from the related MortgagorAccount, anything any provision herein to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer Servicer[s] only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance Primary Mortgage Insurance Policy premiums, if applicable, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer Servicer[s] for any Servicing Advance of an Escrow Payment made by the [related] Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.154.02(n);
(vi) to pay to the ServicerServicer[s], or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The As part of its servicing duties, the [related] Servicer will be responsible for shall pay to the administration of Mortgagors interest on funds in Escrow Account, to the Escrow Accounts extent required by law, and will be obligated to make Servicing Advances to the extent that interest earned on funds in the Escrow Account in respect of is insufficient, shall pay such interest from its obligations under this Section 3.06own funds, reimbursable from the Escrow Accounts or Custodial Account without any reimbursement therefor; and
(viii) to pay to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, Mortgagors or which the Servicer knows, or other parties Insurance Proceeds deposited in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien accordance with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged PropertySection 4.02(f).
Appears in 1 contract
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.15;
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, knows or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Securitization Subservicing Agreement (Finance America Mortgage Loan Trust 2004-1)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, sewer rents, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Serviced Mortgage Loan;
(iviii) to the extent as permitted by applicable state law, for transfer to the Trust Custodial Account and application to reduce the principal balance of the Serviced Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(viv) for application to restoration restore or repair of the Mortgaged Property in accordance with Section 3.15the FHLMC Guide;
(viv) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account; and
(vi) to reimburse itself for any Servicing Advances made with respect to Escrow Payments for a Serviced Mortgage Loan or the related Mortgaged Properties, but only from amounts received on the related Serviced Mortgage Loan which represent late collections of Escrow Payments thereunder;
(vii) to withdraw any funds deposited into the Escrow Account in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Trust Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Se 2001-Bc5)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related MortgageMortgage Loan;
(ii) to reimburse the Servicer for any Servicing Advance of an Escrow Payment made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required to be escrowed under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property related to a First Lien Mortgage Loan in accordance with Section 3.154.02(o);
(vi) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viiivii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06Agreement, reimbursable from the Escrow Accounts or Custodial Account to the extent not collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged PropertyProperty related to a First Lien Mortgage Loan, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, knows is necessary to avoid the loss of the Mortgaged Property related to a First Lien Mortgage Loan due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, will advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged PropertyProperty in order to prevent loss of title to the Mortgaged Property related to a First Lien Mortgage Loan.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)
Permitted Withdrawals From Escrow Account. Withdrawals from the Escrow Account or Accounts may be made by the Servicer only:
(i) to effect timely payments of ground rents, taxes, assessments, water rates, mortgage insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage;
(ii) to reimburse the Servicer for any Servicing Advance made by the Servicer with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late collections of Escrow Payments thereunder;
(iii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan;
(iv) to the extent permitted by applicable law, for transfer to the Custodial Account and application to reduce the principal balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(v) for application to restoration or repair of the Mortgaged Property in accordance with Section 3.153.14;
(vi) to withdraw funds deposited in error or for which amounts previously deposited are returned unpaid by the related Mortgagor;
(vii) to pay to the Servicer, or any Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account;
(vii) to withdraw funds deposited in error; and
(viii) to clear and terminate the Escrow Account on the termination of this Agreement. The Servicer will be responsible for the administration of the Escrow Accounts and will be obligated to make Servicing Advances to the Escrow Account in respect of its obligations under this Section 3.06, reimbursable from the Escrow Accounts or Custodial Account to the extent it is notified or discovers that such amounts have not been collected from the related Mortgagor, anything to the contrary notwithstanding, when and as necessary to avoid the lapse of insurance coverage on the Mortgaged Property, or which the Servicer knows, or in the exercise of the required standard of care of the Servicer hereunder should know, is necessary to avoid the loss of the Mortgaged Property due to a tax sale or the foreclosure as a result of a tax lien. If any such payment has not been made and the Servicer receives notice of a tax lien with respect to the Mortgage being imposed, the Servicer will, within ten (10) Business Days of such notice, advance or cause to be advanced funds necessary to discharge such lien on the Mortgaged Property. Notwithstanding the foregoing, the Servicer shall not have any obligation to make any Servicing Advance that it deems a Nonrecoverable Servicing Advance.
Appears in 1 contract
Samples: Securitization Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Osi)