Common use of PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS Clause in Contracts

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Trustee on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related Pool, that are net of Compensating Interest and Monthly Advances for the related Remittance Date to the Trustee for deposit in the Certificate Account. For the purposes of this Section 5.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholders; PROVIDED, HOWEVER, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class A, Class M and/or Class B Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IV; (c) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X Certificateholders, as the case may be; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a). (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fund. So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Asset Backed Certificates, Series 1997-D." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Trustee on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related Pool, that are net of Compensating Interest and Monthly Advances for the related Remittance Date to the Trustee for deposit in the Certificate Account. For the purposes of this Section 5.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholders; PROVIDED, HOWEVER, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class A, Class M and/or Class B Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IVII; (c) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X Certificateholders, as the case may be; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a). (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fund. So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Asset Backed Certificates, Series 19971998-D.A." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Trustee on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related Pool, that are net of Compensating Interest and Monthly Advances for the related Remittance Date to the Trustee for deposit in the Certificate Account. For the purposes of this Section 5.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholders; PROVIDEDprovided, HOWEVERhowever, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class A, Class M and/or Class B Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IV; (c) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X Certificateholders, as the case may be; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a6.15(b). (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fund. So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Asset Backed Certificates, Series 1997-D.C." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Trustee on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related Pool, that are net of Compensating Interest and Monthly Advances for the related Remittance Date to the Trustee for deposit in the Certificate Account. For the purposes of this Section 5.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholders; PROVIDEDprovided, HOWEVERhowever, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class A, Class M and/or Class B A Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IVAmount of the related Pool; (c) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X Certificateholders, as the case may be; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a6.15(b). (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fund. So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Home Equity Asset Backed Certificates, Series 1997-D.A." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Trustee on each Determination Date as follows: the that portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related PoolAmount, that are is net of Compensating Interest and Monthly Advances for the related Remittance Date to the Trustee for deposit in the Certificate Account. For the purposes of this Section 5.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Home Improvement Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Home Improvement Loans, generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholders; PROVIDED, HOWEVER, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class A, Class M and/or and Class B Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IV;Amounts. (c) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X CertificateholdersProceeds, as the case may be; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a6.15(b). (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fund. So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Asset Backed Home Improvement Loan Certificates, Series 1997-D.I." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Trustee on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related Pool, that are net of Compensating Interest and Monthly Advances for the related Remittance Date to the Trustee for deposit in the Certificate Account. For the purposes of this Section 5.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholders; PROVIDED, HOWEVERhowever, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class A, Class M and/or Class B A Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IVAmount of the related Pool; (c) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X R Certificateholders, as the case may be; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a6.15(b). (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fund. So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Asset Backed Certificates, Series 19971996-D.C." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Trustee on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related Pool, that are net of Compensating Interest and Monthly Advances for the related Remittance Date to the Trustee for deposit in the Certificate Account. For the purposes of this Section 5.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholders; PROVIDED, HOWEVER, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class A, Class M and/or Class B A Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IVAmount of the related Pool; (c) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X CertificateholdersCertificate holders, as the case may be; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a6.15(b). (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fund. So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Asset Backed Certificates, Series 19971996-D." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Trustee on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related Pool, that are net of Compensating Interest and Monthly Advances for the related Remittance Date to the Trustee for deposit in the Certificate Account. For the purposes of this Section 5.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholders; PROVIDED, HOWEVER, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class A, Class M and/or Class B A Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IVAmount of the related Pool; (c) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X Certificateholders, as the case may be; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a6.15(b). (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fund. So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Home Equity Asset Backed Certificates, Series 1997-D.B." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Indenture Trustee on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related PoolAmount, that are is net of Compensating Interest and Monthly Advances for the related Pool for the related Remittance Date to the Indenture Trustee for deposit in the Certificate Note Distribution Account. For the purposes of this Section 5.04(a4.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate AccountsNote Distribution Account; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor Obligor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, Loans generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholdersholders of the Certificates of the applicable Pool; PROVIDED, HOWEVER, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class ANoteholders, Class M and/or Class B Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IVCertificateholders; (c) to withdraw any amount received from a Mortgagor an Obligor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d4.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X Certificateholders, as the case may be5.03 hereof; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a).[Reserved]; and (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fundthis Agreement and to pay any amounts remaining therein in accordance with Section 11.01. So long as no default or Event of Servicer Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a4.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Commercial Mortgage Inc. in trust for the registered holders of The Money Store Asset Business Loan Backed Notes and Certificates, Series 19971999-D.1." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Indenture Trustee on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related PoolAmount, that are is net of Compensating Interest and Monthly Advances for the related Pool for the related Remittance Date to the Indenture Trustee for deposit in the Certificate Note Distribution Account. For the purposes of this Section 5.04(a4.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; Note Distribution Account; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor Obligor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, Loans generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholdersholders of the Certificates; PROVIDED, HOWEVER, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class ANoteholders, Class M and/or Class B Certificateholders to receive the Shortfall Carryforward Amounts Note Insurer and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IV; Certificateholders; (c) to withdraw any amount received from a Mortgagor an Obligor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction;; (d) (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d4.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; ; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; ; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Trustee for remittance to the Class X Certificateholders, as the case may be; 5.03 hereof; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a7.15(b). ; and (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fundthis Agreement and to pay any amounts remaining therein in accordance with Section 11.01. So long as no default or Event of Servicer Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a4.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Asset Backed Notes and Certificates, Series 19971998-D.C." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.

PERMITTED WITHDRAWALS FROM THE PRINCIPAL AND INTEREST ACCOUNTS. The Servicer shall withdraw funds from the Principal and Interest Accounts for the following purposes: (a) to effect the remittance to the Trustee Co-Trustees on each Determination Date as follows: the portion of the Excess Spread relating to the Mortgage Loans of the related Pool and the portion of the Pool Available Remittance Amounts of the related Pool, that are net of Compensating Interest and Monthly Advances for the related Pool for the related Remittance Date to the applicable Co-Trustee for deposit in the applicable Certificate Account. For the purposes of this Section 5.04(a), the calculation of the Pool Available Remittance Amounts shall be made without reference to the actual deposit of funds in the respective Certificate Accounts; (b) to reimburse itself for any accrued unpaid Servicing Fees, unpaid Contingency Fees, unreimbursed Monthly Advances and for unreimbursed Servicing Advances to the extent that funds relating to such amount have been deposited in the applicable Principal and Interest Account (and not netted from Monthly Payments received). The Servicer's right to reimbursement for unpaid Servicing Fees, unpaid Contingency Fees and, except as provided in the following sentence, Servicing Advances and Monthly Advances shall be limited to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the Mortgagor or otherwise relating to the Mortgage Loan in respect of which such unreimbursed amounts are owed. The Servicer's right to reimbursement for Servicing Advances and Monthly Advances in excess of such amounts shall be limited to any late collections of interest received on the related Pool of Mortgage Loans, generally, including Liquidation Proceeds, Released Mortgaged Property Proceeds and Insurance Proceeds and any other amounts which would otherwise be distributed to the Class X or Class R Certificateholders; PROVIDED, HOWEVER, that the Servicer's right to such reimbursement pursuant hereto shall be subordinate to the rights of the applicable Class A, Class M and/or Class B Certificateholders to receive the Shortfall Carryforward Amounts and the right of the Certificate Insurer to receive the Pool Carry-Forward Amounts relating to Pool I and Pool IVII; (c) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the United States Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (i) to make investments in Permitted Instruments and (ii) to pay to itself, as permitted by Section 5.03(d), interest paid in respect of Permitted Instruments or by a Designated Depository Institution on funds deposited in the applicable Principal and Interest Account; (e) to withdraw any funds deposited in the applicable Principal and Interest Account that were not required to be deposited therein or were deposited therein in error; (f) (i) to pay itself servicing compensation pursuant to Section 7.03 hereof or interest as permitted under the definition of Excess Proceeds or (ii) to pay the Remainder Excess Spread Amount with respect to any Remittance Date to itself and/or the Representative for any Reimbursable Amounts and the remainder to the Pool I and Pool II Co-Trustee for remittance to the Class X Certificateholders, as the case may be; (g) to withdraw amounts required to be deposited into the Servicing Account pursuant to Section 6.15(a). (h) to clear and terminate each Principal and Interest Account upon the termination of the related Trust Fund. So long as no default or Event of Default shall have occurred and be continuing, and consistent with any requirements of the Code, the Principal and Interest Account shall either be maintained as an interest-bearing accounts meeting the requirements set forth in Section 5.03(a), or the funds held therein may be invested by the Servicer (to the extent practicable) in Permitted Instruments. In either case, funds in the Principal and Interest Account must be available for withdrawal without penalty, and any Permitted Instruments must mature not later than the Business Day immediately preceding the Determination Date next following the date of such investment (except that if such Permitted Instrument is an obligation of the institution that maintains such account, then such Permitted Instrument shall mature not later than such Determination Date) and shall not be sold or disposed of prior to its maturity. All Permitted Instruments must be held by or registered in the name of "The Money Store Inc. in trust for the registered holders of The Money Store Asset Backed Certificates, Series 19971998-D.B." All interest or other earnings from funds on deposit in the Principal and Interest Account (or any Permitted Instruments thereof) shall be the exclusive property of the Servicer, and may be withdrawn from either Principal and Interest Account pursuant to clause (d)(ii) above. The amount of any losses incurred in connection with the investment of funds in the applicable Principal and Interest Account in Permitted Instruments shall be deposited in the applicable Principal and Interest Account by the Servicer from its own funds immediately as realized without reimbursement therefor.