Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only (a) to effect timely payments of taxes, assessments, water rates, insurance premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; (b) to reimburse the Servicer for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the amounts as may be collected by the Servicer from the related Mortgagor or from the related insurer; (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan; (d) for transfer to the Custodial Account in accordance with the terms of this Agreement; (e) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, (f) to pay to a Mortgagor, to the extent required by Applicable Requirements, interest on the funds deposited in the Escrow Account; (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the related Mortgagor), (h) to remove funds inadvertently placed in the Escrow Account by the Servicer; or (i) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.
Appears in 19 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-2f), Servicing Agreement (GSR Mortgage Loan Trust 2007-Oa1), Servicing Agreement (GSR Mortgage Loan Trust 2006-Ar1)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only Seller only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; ;
(bii) to reimburse the Servicer Seller for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 Seller with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Seller, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06;
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the ServicerSeller or for which amounts previously deposited are returned unpaid by the related Mortgagor's banking institution; or and
(ix) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.
Appears in 11 contracts
Samples: Seller's Purchase, Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-1xs), Seller's Purchase, Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Seller's Purchase, Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only Seller only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; ;
(bii) to reimburse the Servicer Seller for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 Seller with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Seller, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06;
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the ServicerSeller or for which amounts previously deposited are returned unpaid by the related Mortgagor’s banking institution; or and
(ix) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Ar3), Seller’s Purchase, Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Seller’s Purchase, Warranties and Servicing Agreement (Prime Mortgage Trust 2007-1)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only (a) to effect timely payments of taxes, assessments, water rates, insurance premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; (b) to reimburse the Servicer for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 with respect to a related Mortgage Loan, the Servicer’s 's right to reimburse itself pursuant to this clause (b) being limited to the amounts as may be collected by the Servicer from the related Mortgagor or from the related insurer; (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan; (d) for transfer to the Custodial Account in accordance with the terms of this Agreement; (e) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, (f) to pay to a Mortgagor, to the extent required by Applicable Requirements, interest on the funds deposited in the Escrow Account; (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the related Mortgagor), (h) to remove funds inadvertently placed in the Escrow Account by the Servicer; or (i) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.
Appears in 9 contracts
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-17), Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-3), Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-4)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only Seller only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; ;
(bii) to reimburse the Servicer Seller for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 Seller with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Seller, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.05;
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the ServicerSeller or for which amounts previously deposited are returned unpaid by the related Mortgagor's banking institution; or and
(ix) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8applicable Servicing Transfer Date.
Appears in 7 contracts
Samples: Seller's Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Seller's Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax), Seller's Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; premiums, condominium assessments and comparable items;
(bii) to reimburse the Servicer for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Servicer, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06; and
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the Servicer; or (i) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1), Seller’s Purchase, Warranties and Servicing Agreement (CSMC Mortgage Backed Trust Series 2007-1), Purchase Agreement (Terwin Securitization LLC)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only only:
(ai) to effect timely payments of taxes, assessmentsPrimary Mortgage Insurance Policy premiums, water rates, insurance premiumsif applicable, fire and hazard insurance premiums or other premiums, and comparable items constituting Escrow Payments for the related Mortgage; Payments;
(bii) to reimburse the Servicer for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor or from the related insurer; Mortgage Loan which represent late collections of Escrow Payments thereunder;
(ciii) to refund to any the Mortgagor any funds found that may be determined to be in excess of the amounts required under the terms of the related Mortgage Loan; overages;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; Agreement or to reduce the Principal Balance of the Mortgage Loan in accordance with the terms of the related Mortgage and Mortgage Note;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, this Agreement;
(fvi) to pay to a Mortgagorthe Servicer, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06; and
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the Servicer; or (i) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.
Appears in 3 contracts
Samples: Purchase Agreement (Gs Mortgage Securities Corp), Seller's Purchase, Warranties and Servicing Agreement (Gs Mortgage Securities Corp), Seller's Purchase, Warranties and Servicing Agreement (Gs Mortgage Securities Corp)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only Seller only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; ;
(bii) to reimburse the Servicer Seller for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 Seller with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Seller, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.05;
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the ServicerSeller or for which amounts previously deposited are returned unpaid by the related Mortgagor’s banking institution; or and
(ix) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8applicable Servicing Transfer Date.
Appears in 3 contracts
Samples: Seller’s Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar), Seller’s Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar), Seller’s Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only (ai) to effect timely payments of ground rents, taxes, assessments, sewer rents, municipal charges, water rates, insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; , (bii) to reimburse the Servicer for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 2.8 and 3.11 2.10 with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the amounts as may be collected by the Servicer from the related Mortgagor or from the related insurer; (ciii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan; , (div) for transfer to the Custodial Collection Account in accordance with the terms of this Agreement; , (ev) for application to restoration or repair of the related a Mortgaged Property in accordance with Property, provided the provisions of Section 3.142.13 have been complied with, (fvi) to pay to a the Mortgagor, to the extent required by Applicable Requirements, interest on the funds deposited in the Escrow Account; , (gvii) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the related Mortgagor), (hviii) to remove funds inadvertently placed in the Escrow Account by the Servicer; , or (iix) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 87. With respect to any Escrow Holdback Mortgage Loan, no final disbursement of any escrow funds therefore shall be made by the Servicer to the Mortgagor unless the Servicer shall have received the related certificate of completion with respect thereto.
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 the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only Seller only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; ;
(bii) to reimburse the Servicer Seller for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 Seller with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Seller, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06;
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the Servicer; Seller or for which amounts previously deposited are returned unpaid by the related Mortgagor's banking institution;
(ix) to clear and terminate the Escrow Account upon the termination of this Agreement; and
(xi) to remit to the Purchaser payments on account of Buydown Funds, in accordance with Article 8as applicable.
Appears in 2 contracts
Samples: Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-16), Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-14)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; ;
(bii) to reimburse the Servicer for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Servicer, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06; and
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the Servicer; or (i) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.
Appears in 2 contracts
Samples: Seller’s Purchase, Warranties and Servicing Agreement (MASTR Asset Securitization Trust 2006-3), Pooling and Servicing Agreement (SunTrust Alternative Loan Trust, Series 2005-1f)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only Seller only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; ;
(bii) to reimburse the Servicer Seller for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 Seller with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Seller, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06;
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the Servicer; Seller or for which amounts previously deposited are returned unpaid by the related Mortgagor's banking institution;
(ix) to clear and terminate remit to the Escrow Account upon the termination Purchaser payments on account of this AgreementBuydown Funds, in accordance with Article 8as applicable.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (HSI Asset Loan Obligation Trust 2006-2)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only Seller only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, Primary Mortgage Insurance Policy or LPMI Policy premiums, if applicable, flood insurance premiums, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; Mortgage Note or other related Mortgage Loan Documents;
(bii) to reimburse the Servicer Seller for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 Seller with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Seller, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06;
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the Servicer; Seller or for which amounts previously deposited are returned unpaid by the related Mortgagor's banking institution;
(ix) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.; and
Appears in 1 contract
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only (ai) to effect timely payments of ground rents, taxes, assessments, sewer rents, municipal charges, water rates, insurance premiums, condominium charges, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage; , (bii) to reimburse the Servicer for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 2.8 and 3.11 2.10 with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the amounts as may be collected by the Servicer from the related Mortgagor or from the related insurer; (ciii) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan; , (div) for transfer to the Custodial Account in accordance with the terms of this Agreement; , (ev) for application to restoration or repair of the related a Mortgaged Property in accordance with Property, provided the provisions of Section 3.142.13 have been complied with, (fvi) to pay to a the Mortgagor, to the extent required by Applicable Requirements, interest on the funds deposited in the Escrow Account; , (gvii) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the related Mortgagor), (hviii) to remove funds inadvertently placed in the Escrow Account by the Servicer; , (ix) 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, (x) to withdraw suspense payments that are deposited into the Escrow Account or (ixi) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 87.
Appears in 1 contract
Samples: Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-A1)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only Seller only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; ;
(bii) to reimburse the Servicer Seller for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 Seller with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property;
(fvi) to pay to a Mortgagorthe Seller, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06;
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the Servicer; Seller or for which amounts previously deposited are returned unpaid by the related Mortgagor’s banking institution;
(ix) to clear and terminate the Escrow Account upon the termination of this Agreement; and
(xi) to remit to the Purchaser payments on account of Buydown Funds, in accordance with Article 8as applicable, pursuant to Section 4.15(c).
Appears in 1 contract
Samples: Seller’s Purchase, Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only (a) only: to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgagepremiums, condominium assessments and comparable items; (b) to reimburse the Servicer for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 with respect to a related Mortgage Loan, Loan but only from amounts received on the Servicer’s right related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder; to reimburse itself pursuant to this clause (b) being limited refund to the amounts Mortgagor any funds as may be collected by the Servicer from the related Mortgagor or from the related insurer; (c) to refund to any Mortgagor any funds found determined to be in excess of the amounts required under the terms of the related Mortgage Loanoverages; (d) for transfer to the Custodial Account in accordance with the terms of this Agreement; (e) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, (f) Property; to pay to a Mortgagorthe Servicer, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; (g) to clear and terminate the Escrow Account on the termination of this Agreement; to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account (accordance with Section 4.06; and not required to be paid to the related Mortgagor), (h) to remove funds inadvertently placed in the Escrow Account by the Servicer; or (i) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.
Appears in 1 contract
Samples: Seller's Purchase, Warranties and Interim Servicing Agreement (E Loan Inc)
Permitted Withdrawals from the Escrow Account. Withdrawals from the Escrow Account maintained by the Servicer may be made by the Servicer only Seller only:
(ai) to effect timely payments of ground rents, taxes, assessments, water rates, insurance Primary Mortgage Insurance Policy premiums, if applicable, fire and hazard insurance premiums or other premiums, condominium assessments and comparable items constituting Escrow Payments for the related Mortgage; ;
(bii) to reimburse the Servicer Seller for any Servicing Advance made by the Servicer pursuant to Sections 3.8, 3.10 and 3.11 Seller with respect to a related Mortgage Loan, the Servicer’s right to reimburse itself pursuant to this clause (b) being limited to the Loan but only from amounts as may be collected by the Servicer from received on the related Mortgagor Mortgage Loan which represent late payments or from the related insurer; collections of Escrow Payments thereunder;
(ciii) 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;
(div) for transfer to the Custodial Account in accordance with the terms of this Agreement; ;
(ev) for application to restoration or repair of the related Mortgaged Property in accordance with the provisions of Section 3.14, Property; USActive 7452067.1
(fvi) to pay to a Mortgagorthe Seller, or to the Mortgagor to the extent required by Applicable Requirementslaw, any interest paid on the funds deposited in the Escrow Account; ;
(gvii) to clear and terminate the Escrow Account on the termination of this Agreement;
(viii) to pay to itself any interest earned on funds the Mortgagors or other parties Insurance Proceeds deposited in the Escrow Account accordance with Section 4.06;
(and not required to be paid to the related Mortgagor), (hix) to remove funds inadvertently placed in the Escrow Account by the ServicerSeller or for which amounts previously deposited are returned unpaid by the related Mortgagor's banking institution; or and
(ix) to clear and terminate the Escrow Account upon the termination of this Agreement, in accordance with Article 8.
Appears in 1 contract
Samples: Seller's Purchase, Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)