Common use of Protected Accounts Clause in Contracts

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts shall be deposited daily (or as of such other time specified in the related Servicing Agreement) all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees as permitted by such applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant to the related Servicing Agreement. (b) [Reserved]. (c) Subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent Recoveries; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Bearn Stearns Asset Backed Securities Trust 2004-Sd4), Pooling and Servicing Agreement (Bsabs 20005-Sd1), Pooling and Servicing Agreement (Bears Stearns Asset Backed Securities Trust 2005-Sd2)

AutoNDA by SimpleDocs

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Ii Inc), Pooling and Servicing Agreement (Bear Stearns Arm Trust Mort Pass THR Certs Ser 2003-6), Pooling and Servicing Agreement (Bear Stearns Arm Trust 2003-5)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts shall be deposited daily (or as of such other time specified in the related Servicing Agreement) all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees as permitted by such applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant to the related Servicing Agreement. (b) [Reserved]. (c) Subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd3), Pooling and Servicing Agreement (Bear Stearns Asset Back Securities Trust 2003-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and the amounts required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.23(c), 3.24 and any payments 3.25 or as otherwise provided in the Servicing Agreements, to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor, to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis, or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1. As provided in Sections 3.23(c) and 3.24(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar2), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Af1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within two Business Days (or as of such other time specified in the related Servicing Agreement) of receipt and identification, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the applicable Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the applicable Protected Account pursuant to for purposes required or permitted by this Agreement. Reconciliations will be prepared for the Protected Accounts within 45 calendar days after the bank statement cut-off date. To the extent provided in the related Servicing Agreement, the related Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Holders of the Certificates. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Holders of the Certificates and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Holders of the Certificates resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the applicable Servicing Agreement) shall deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Holders of the Certificates. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, any Liquidation Proceeds Prepayments received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidationprepayment, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Liquidation Proceeds or Subsequent Recoveries received by such Servicer with respect to the Mortgage Loans during the related calendar month; (iv) Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (ivv) any Any amount to be used as an a Monthly Advance and any payments Compensating Interest Payments. (d) Withdrawals may be made from an Account only to make remittances as provided in Sections 4.01(c), 4.02 and 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthe Trust Fund in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2007-2), Pooling and Servicing Agreement (Prime Mortgage Trust 2006-2), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Servicer Remittance Date on which the moneys so invested are required to be distributed to the Securities Administrator. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in the Servicing Agreement; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 3.16(a) and 3.19(b) certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Distribution Account

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-1), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Servicer Remittance Date on which the moneys so invested are required to be distributed to the Securities Administrator. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in the Servicing Agreement; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 9.01. To the extent provided in the Servicing Agreement, certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Distribution Account

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-5), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-1), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-5)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable MortgageIT Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts account shall be deposited daily within two (2) Business Days (or as of such other time specified in the related MortgageIT Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the MortgageIT Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Protected Account pursuant shall be an Eligible Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the MortgageIT Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Indenture Trustee for the benefit of the Noteholders. (b) [Reserved]To the extent provided in the MortgageIT Servicing Agreement, amounts on deposit in the Protected Account may be invested in Permitted Investments in the name of the Indenture Trustee for the benefit of Noteholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Payment Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the MortgageIT Servicing Agreement, and the risk of loss of moneys required to be distributed to the Noteholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent required by the MortgageIT Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Payment Date on which the moneys so invested are required to be distributed to the Noteholders. (c) Subject To the extent required by the MortgageIT Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Payment Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the MortgageIT Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) Principal Prepayments in full Principal Prepayments, and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Principal Prepayments in part received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from the Protected Account only to make remittances as provided in Section 4.01(c), 4.04 and any payments 4.05; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 7.10. As provided in Sections 4.01(a) and 4.04(b) certain amounts otherwise due to the Servicer may be retained by it and need not be deposited in the Payment Account.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5), Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-4, Mortgage-Backed Notes, Series 2005-4), Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-3, Mortgage-Backed Notes, Series 2005-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Bear Stearns Arm Trust, Mortgage Pass-Through Certificates, Series 2005-6), Pooling and Servicing Agreement (Bear Stearns Arm Trust, Mortgage Pass-Through Certificates, Series 2005-11)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of the Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and amount required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two (2) Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.22(c), 3.23 and any payments 3.24 or as otherwise provided in the Servicing Agreements, to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor, to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis, or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1. As provided in Sections 3.22(c) and 3.23(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc), Pooling and Servicing Agreement (Deutsche Mortgage Securities Inc), Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-5)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement and the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance or any Compensating Interest Payments. (d) Withdrawals may be made from an Advance Account only to make remittances or reimbursements as provided in Section 4.01(c), 4.03, 4.04 and any payments 4.05; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.03 certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-5), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-4), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in the applicable Servicing Agreement. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them as set forth in the related Servicing Agreements and need not be deposited in the Master Servicer Collection Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investor Trust Series MLCC 2005-3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A4), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investor Trust Series MLCC 2005-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.04 and 4.05; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.04 certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account. (e) In the event that the Master Servicer and Securities Administrator are no longer affiliated, the Master Servicer shall establish and maintain an account separate from the Distribution Account into which any payments funds remitted by the Servicers will be deposited. No later than noon. New York time on the Business Day prior to each Distribution Date, the Master Servicer shall remit any such funds to the Paying Agent for deposit in the Distribution Account. The Master Servicer shall make the following permitted withdrawals and transfers from such account: (i) The Master Servicer will, from time to time on demand of Compensating Interesta Servicer or the Securities Administrator, make or cause to be made such withdrawals or transfers from the account as the Master Servicer has designated for such transfer or withdrawal pursuant to this Agreement and the related Servicing Agreement. The Master Servicer may clear and terminate the account pursuant to Section 10.01 and remove amounts from time to time deposited in error. (ii) On an ongoing basis, the Master Servicer shall withdraw from the account (i) any expenses, costs and liabilities recoverable by the Trustee, the Master Servicer or the Securities Administrator or the Custodian pursuant to Sections 3.03, 7.04 and 9.05 and (ii) any amounts payable to the Master Servicer as set forth in Section 3.14; provided, however, that the Master Servicer shall be obligated to pay from its own funds any amounts which it is required to pay under Section 7.03(a). (iii) In addition, on or before each Business Day prior to each Distribution Date, the Master Servicer shall deposit in the Distribution Account (or remit to the Trustee for deposit therein) any Monthly Advances required to be made by the Master Servicer with respect to the Mortgage Loans. (iv) No later than noon. New York time on each Business Day prior to each Distribution Date, the Master Servicer will transfer all Available Funds on deposit in the account with respect to the related Distribution Date to the Paying Agent for deposit in the Distribution Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-2), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-2), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2006-2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Certificate Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Servicer Remittance Date on which the moneys so invested are required to be distributed to the Master Servicer. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Certificate Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in the Servicing Agreement; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 3.16(a) and 3.19(b) certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Certificate Account

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-3), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-3), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer, as set forth in the Servicing Agreement. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02(b) certain amounts otherwise due to the Servicer may be retained by them as set forth in the Servicing Agreement and need not be deposited in the Master Servicer Collection Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A3), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A5), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A5)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Proceeds and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Arm Trust, Mortgage Pass-Through Certificates, Series 2004-8), Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Arm Tr 2004 2), Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Arm Tr 2004 1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Custodial Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Custodial Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in the Servicing Agreement; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 3.16(a) and 3.17(b) certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Custodial Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-2), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2004-5)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from an Account only to make remittances as provided in Section 3.22(c), 3.23 and any payments 3.24 or as otherwise provided in the Servicing Agreements; to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1. As provided in Sections 3.22(c) and 3.23(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Deutsche Mort Sec Inc Mortgage Loan Trust Series 2004 2), Pooling and Servicing Agreement (Deutsche Mort Sec Inc Mortgage Loan Trust Series 2004 2), Pooling and Servicing Agreement (Mortgage Loan Trust Series 2003-2xs)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer the Company and the related Servicers to establish and maintain a Protected Account in accordance with this Agreement and the applicable Servicing AgreementAgreements, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within one Business Day (or as of such other time specified in the related Servicing AgreementAgreements) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Company or the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries, and advances made from the Company’s or such Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable this Agreement or the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the Protected Account pursuant Accounts. Each of the Company and the related Servicers is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in this Agreement or any Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Company or Servicer, as applicable on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in this Agreement or any Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 5.05 shall be paid to the Company or the related Servicer under this Agreement or the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Company or the related Servicer, as the case may be. The Company or the related Servicer (to the extent provided in this Agreement or the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in this Agreement or the related Servicing Agreement and subject to this Article IVV, on or before 1:00 p.m. New York City time on each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), Company or shall cause the related Servicer to shall withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled With respect to each Loan Group, scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the Company or the related Servicers Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) with respect to each Loan Group, full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Company or the related Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) With respect to each Loan Group, partial Principal Prepayments received by the Servicers Company or the related Servicer for such Mortgage Loans in the related Prepayment Period; and; (iv) With respect to each Loan Group, any amount to be used as an Advance Advance; and (v) With respect to each Loan Group, the amount of any Prepayment Charges collected with respect to the Mortgage Loans and the amount of any payments Prepayment Charges paid by the Company or the related Servicer in connection with the waiver of Compensating Interesta Prepayment Charge in a manner that is not permitted under this Agreement or the related Servicing Agreement. (d) with respect to each Loan Group, withdrawals may be made from a Protected Account by the Company as described in Section 5.02 hereof and by the Master Servicer or the related Servicer only to make remittances as provided in Section 5.05(c), 5.08 and 5.09; to reimburse the Master Servicer or the related Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 11.01. As provided in Sections 5.05(c) and 5.06(b) certain amounts otherwise due to the related Servicer may be retained by the related Servicer and need not be deposited in the Master Servicer Collection Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (SACO I Trust 2006-5), Pooling and Servicing Agreement (SACO I Trust 2006-5)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer the Company and the Servicers to establish and maintain a Protected Account in accordance with this Agreement and the applicable Servicing AgreementAgreements, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within one Business Day (or as of such other time specified in the related Servicing AgreementAgreements) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Company or the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries, and advances made from the Company’s or such Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable this Agreement or the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the Protected Account pursuant Accounts. Each of the Company and the Servicers is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in this Agreement or any Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Company or Servicer, as applicable on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in this Agreement or any Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 5.05 shall be paid to the Company or the related Servicer under this Agreement or the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Company or the related Servicer, as the case may be. The Company or the related Servicer (to the extent provided in this Agreement or the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in this Agreement or the related Servicing Agreement and subject to this Article IVV, on or before 1:00 p.m. New York City time on each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), Company or shall cause the related Servicer to shall withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the Company or the related Servicers Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Company or the related Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers Company or the related Servicer for such Mortgage Loans in the related Prepayment Period; and; (iv) any Any amount to be used as an Advance Advance; and (v) The amount of any Prepayment Charges collected with respect to the Mortgage Loans and the amount of any payments Prepayment Charges paid by the Company or the related Servicer in connection with the waiver of Compensating Interesta Prepayment Charge in a manner that is not permitted under this Agreement or the related Servicing Agreement. (d) Withdrawals may be made from a Protected Account by the Company as described in Section 5.02 hereof and by the Master Servicer or the related Servicer only to make remittances as provided in Section 5.05(c), 5.06 and 5.07; to reimburse the Master Servicer or the Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 11.01. As provided in Sections 5.05(c) and 5.06(b) certain amounts otherwise due to the related Servicer may be retained by the related Servicer and need not be deposited in the Master Servicer Collection Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He4), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He3), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders and the Certificate Insurer. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and the Certificate Insurer and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and the amounts required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.23(c), 3.24 and any payments 3.25 or as otherwise provided in the Servicing Agreements, to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor, to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis, or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1. As provided in Sections 3.23(c) and 3.24(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities, Inc. Mortgage Loan Trust, Series 2006-Ab2), Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Servicer Remittance Date on which the moneys so invested are required to be distributed to the Securities Administrator. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in the Servicing Agreement; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 8.01. To the extent provided in the Servicing Agreement, certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Distribution Account

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-5), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-6)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and the amounts required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.23(c) and any payments 3.24 or as otherwise provided in the Servicing Agreements, to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor, to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis, or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.1 or Section 10.2. As provided in Sections 3.23(c) and 3.24(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar5)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Xxxxx Fargo Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts account shall be deposited daily within two (2) Business Days (or as of such other time specified in the related Xxxxx Fargo Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the Xxxxx Fargo Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Protected Account pursuant shall be an Eligible Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Xxxxx Fargo Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Grantor Trustee for the benefit of the Grantor Trust Certificateholders. (b) [Reserved]To the extent provided in the Xxxxx Fargo Servicing Agreement, amounts on deposit in the Protected Account may be invested in Permitted Investments in the name of the Grantor Trustee for the benefit of Grantor Trust Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.01 shall be paid to the Servicer under the Xxxxx Fargo Servicing Agreement, and the risk of loss of moneys required to be distributed to the Grantor Trust Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent required by the Xxxxx Fargo Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Payment Date on which the moneys so invested are required to be distributed to the Grantor Trust Certificateholders. (c) Subject To the extent required by the Xxxxx Fargo Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Xxxxx Fargo Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) Principal Prepayments in full Principal Prepayments, and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Principal Prepayments in part received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from the Protected Account only to make remittances as provided in Section 3.01(c) of this Agreement and any payments as provided in the Indenture; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 6.10. As provided in Section 3.02 of this Agreement and Section 3.25 of the Indenture certain amounts otherwise due to the Servicer may be retained by it and need not be deposited in the Master Servicer Collection Account or the Payment Account.

Appears in 2 contracts

Samples: Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2), Servicing Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each respective Servicer to establish and maintain a Protected Account in accordance with the applicable related Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts Account shall be deposited daily deposited, within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt thereof, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the such Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the related Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the related Protected Account shall be held in a Designated Depository Institution and segregated as a trust account on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in a Servicing Agreement, amounts on deposit in the related Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicers under the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. Each Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in a Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as a successor servicer to a Servicer), or shall cause the related Servicer to to, withdraw or shall cause to be withdrawn from the related Protected Accounts Account, and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Distribution Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Initial Mortgage Loans due on or before the Cut-off Date, and other than with respect to principal of or interest on the Subsequent Mortgage Loans due on or before the related Subsequent Cut-off Date, as the case may be) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the related Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers related Servicer with respect to such Mortgage Loans in the related Prepayment Period (or, in the case of Subsequent Recoveries, during the related Due Period), with interest to the date of prepayment or liquidation, net of the amount thereof comprising the related Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by the Servicers related Servicer for such Mortgage Loans in the related Prepayment Period; (iv) All funds collected and received in connection with the operation of any REO Property, and Liquidation Proceeds received upon the final disposition of any REO Property (net of any unreimbursed Monthly Advances, other advances of the related Servicer or Master Servicer with respect thereto, and unpaid Master Servicing Fee and related Servicing Fees with respect thereto); and (ivv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from a Protected Account only to make remittances as provided in Section 4.01(c); to reimburse the Master Servicer or the related Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Section 4.01(c), certain amounts otherwise due to the related Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar8), Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar8)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within two Business Days (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 and any other benefit arising from holding a Protected Account shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in the applicable Servicing Agreement. The related Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers such Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers such Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A2), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related applicable Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a each Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be retained by each Servicer under the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of each Servicer. Each Servicer (to the extent provided in the applicable Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each the Servicer Remittance Date, the Master each Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers each Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from an Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Bear Stearns Arm Trust 2002-12), Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Bear Stearns Arm Trust 2002-12)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Company and the Servicer to establish and maintain a Protected Account in accordance with this Agreement and the applicable GMACM Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within one Business Day (or as of such other time specified in the related GMACM Servicing Agreement) of receipt and identification all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Company or the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries, and advances made from the Company’s or the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable this Agreement or the GMACM Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the Protected Account pursuant Accounts. Each of the Company and the Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in this Agreement or the GMACM Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Company or the Servicer, as applicable on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in this Agreement or the GMACM Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 5.05 shall be paid to the Company or the Servicer under this Agreement or the GMACM Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Company or the Servicer, as the case may be. The Company or the Servicer (to the extent provided in this Agreement or the GMACM Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in this Agreement or the GMACM Servicing Agreement and subject to this Article IVV, on or before 1:00 p.m. New York City time on each Servicer Remittance Date, the Master Company or the Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Company or the Servicer pursuant to this Agreement or the GMACM Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, any Liquidation Proceeds Prepayments received by the Servicers Servicer (as described in the GMACM Servicing Agreement) and Full Principal Prepayments received by the Company with respect to such Mortgage Loans in the related Prepayment Period, with scheduled interest for the related Due Period less the Servicing Fee and the Master Servicing Fee, if any; (iii) Liquidation Proceeds received by the Company or the Servicer with respect to such Mortgage Loans in the date of prepayment or liquidationprior calendar month, with scheduled interest for the related Due Deriod less the Servicing Fee and the Master Servicing Fee, if any net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iiiiv) partial Partial Principal Prepayments received by the Servicers Company or the Servicer for such Mortgage Loans in the related Prepayment Period; and, together with any related payments of Compensating Interest; (ivv) any Any amount to be used as an Advance Advance; and (vi) The amount of any Prepayment Charges collected with respect to the Mortgage Loans and the amount of any payments Prepayment Charges paid by the Company or the Servicer in connection with the waiver of Compensating Interesta Prepayment Charge in a manner that is not permitted under this Agreement or the GMACM Servicing Agreement. (d) Withdrawals may be made from a Protected Account by the Company as described in Section 5.02 hereof and by the Master Servicer or the Servicer only to make remittances as provided in Section 5.05(c), 5.08 and 5.09; to reimburse the Master Servicer or the Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 11.01. As provided in Sections 5.05(c) and 5.06(b) certain amounts otherwise due to the Company or the Servicer may be retained by the Company or the Servicer and need not be deposited in the Master Servicer Collection Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (SACO I Trust 2006-10), Pooling and Servicing Agreement (SACO I Trust 2006-10)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each respective Servicer to establish and maintain a Protected Account in accordance with the applicable related Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts Account shall be deposited daily deposited, within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt thereof, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the such Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the related Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the related Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in a Servicing Agreement, amounts on deposit in the related Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicers under the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. Each Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in a Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the related Protected Accounts Account, and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Distribution Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup and Loan Subgroup, as applicable: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the related Servicing FeesFee; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers related Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the related Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by the Servicers related Servicer for such Mortgage Loans in the related Prepayment Period; (iv) All funds collected and received in connection with the operation of any REO Property, and Liquidation Proceeds received upon the final disposition of any REO Property (net of any unreimbursed Monthly Advances, other advances of the related Servicer or Master Servicer with respect thereto, and unpaid Master Servicing Fee and related Servicing Fees with respect thereto); and (ivv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from a Protected Account only to make remittances as provided in Section 4.01(c); to reimburse the Master Servicer or the related Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Section 4.01(c), certain amounts otherwise due to the related Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Series 2004-Ar5), Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Series 2004-Ar5)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of the related Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the related Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and amounts required to be distributed to the Certificateholders resulting from the loss of monies from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, related Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from an Account only to make remittances as provided in Section 3.22(c), 3.23 and any payments 3.24 or as otherwise provided in the Servicing Agreements; to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1. As provided in Sections 3.22(c) and 3.23(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the related Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Mortgage Securities Inc Mortgage Loan Trust 2004-4), Pooling and Servicing Agreement (Mortgage Loan Trust Series 2004-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of require each Sub-Servicer to establish and maintain a Protected Account in accordance complying with the applicable Servicing Agreementrequirements set forth in this Section 4.01, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily (or as within 24 hours of such other time specified in the related Servicing Agreement) receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by the Master Servicer, or a Sub-Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Sub-Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable Servicing Agreement in the case of any such ServicerSection 3.14(a)) and all other amounts to be deposited in the Protected Account pursuant Accounts. The Master Servicer is hereby authorized to make withdrawals from and deposits to the related Servicing Protected Accounts for purposes required or permitted by this Agreement. All Protected Accounts shall be held in a Designated Depository Institution and segregated on the books of such institution. The amount at any time credited to a Protected Account shall be fully insured by the FDIC or, to the extent that such balance exceeds the lesser of $100,000 or the limits of such insurance, such excess must be transferred to the appropriate subaccount of the Certificate Account or the related Custody Account or invested in Permitted Investments. Amounts on deposit in a Protected Account may be invested in Permitted Investments, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Custody Account or Certificate Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Master Servicer or the related Sub-Servicer as additional compensation for its obligations under this Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Master Servicer or the related Sub-Servicer. The Master Servicer shall cause the related Sub-Servicer to deposit the amount of any such loss in the related Protected Account within [ ] Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. The Master Servicer may, and the Master Servicer may permit the related Sub-Servicer to, transfer funds to other accounts (which shall for purposes hereof be deemed to be Protected Accounts) or to establish Protected Accounts not conforming to the foregoing requirements, to the extent that such other accounts or Protected Accounts are Rating Agency Eligible Accounts. (b) [Reserved]. (c) Subject to this Article IV, on On or before each Servicer Remittance Funds Transfer Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause (by written direction to the Trustee if such withdrawal is from a Custody Account) to be withdrawn from the Protected Accounts or the Custody Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, appropriate subaccount of the Certificate Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the related Mortgage Loans received or any related portion thereof advanced by the related Master Servicer or Sub-Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Master Servicing FeesFee due the Master Servicer; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Master Servicer or Sub-Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Master Servicing Fees and any Subsequent RecoveriesFee due the Master Servicer; (iii) partial Principal Prepayments Partial prepayments of principal received by the Master Servicer or Sub-Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Certificate Account Advance. (c) Withdrawals may be made from a Protected Account only to make remittances as provided in Sections 4.01(b) or 4.03(c), or Section 4.04; to reimburse the Master Servicer or a Sub-Servicer for advances of principal and any payments interest which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. (d) The Master Servicer shall deliver to the Trustee on or prior to the Determination Date in each month a statement from the institution at which each Protected Account is maintained showing deposits and withdrawals during the prior month.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gs Mortgage Securities Corp), Pooling and Servicing Agreement (Gs Mortgage Securities Corp)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each respective Servicer to establish and maintain a Protected Account in accordance with the applicable related Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts Account shall be deposited daily deposited, within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt thereof, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the such Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the related Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the related Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in a Servicing Agreement, amounts on deposit in the related Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicers under the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. Each Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in a Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the related Protected Accounts Account, and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Distribution Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the related Servicing FeesFee; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers related Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the related Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by the Servicers related Servicer for such Mortgage Loans in the related Prepayment Period; (iv) All funds collected and received in connection with the operation of any REO Property, and Liquidation Proceeds received upon the final disposition of any REO Property (net of any unreimbursed Monthly Advances, other advances of the related Servicer or Master Servicer with respect thereto, and unpaid Master Servicing Fee and related Servicing Fees with respect thereto); and (ivv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from a Protected Account only to make remittances as provided in Section 4.01(c); to reimburse the Master Servicer or the related Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Section 4.01(c), certain amounts otherwise due to the related Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Ii Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Ii Trust Series 2004-Ar2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Proceeds and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Servicing Compensation in the form of assumption fees, if any, late payment charges, as collected, if any, or otherwise (exclusive of any Prepayment Charges with regards to the Group I Mortgage Loans and the Group II Mortgage Loans, but inclusive of any Prepayment Charges with regards to the Group III Mortgage Loans) shall be retained by the applicable Servicer and shall not be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on during or before the related Due DatePeriod, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period (or, in the case of Subsequent Recoveries, during the related Due Period), with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and; (iv) any Any amount to be used as a Monthly Advance or any Compensating Interest Payments; and (v) Any amounts required to be paid by the Servicers under the related Servicing Agreements with respect to clauses (a) and (b) of the definition of Interest Shortfall with respect to the related Mortgage Loans for the related Distribution Date. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.04 and 4.05; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.04(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account. (e) The Master Servicer shall not itself waive (or authorize a Servicer to waive, unless such Servicer is allowed to waive in accordance with the terms of the related Servicing Agreement) any payments Prepayment Charge that the Trust would otherwise be entitled to unless: (i) the enforceability thereof shall have been limited by bankruptcy, insolvency, moratorium, receivership and other similar laws relating to creditors' rights generally, (ii) the enforcement thereof is illegal, or any local, state or federal agency has threatened legal action if the prepayment penalty is enforced, (iii) the mortgage debt has been accelerated in connection with a foreclosure or other involuntary payment or (iv) such waiver is standard and customary in servicing similar Mortgage Loans and relates to a default or a reasonably foreseeable default and would, in the reasonable judgment of Compensating Interestthe Master Servicer, maximize recovery of total proceeds taking into account the value of such Prepayment Charge and the related Mortgage Loan. In no event will the Master Servicer itself waive a Prepayment Charge in connection with a refinancing of a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a Prepayment Charge is waived by the Master Servicer, but does not meet the standards described above, then the Master Servicer is required to pay the amount of such waived Prepayment Charge by depositing such amount into the Distribution Account by the immediately succeeding Distribution Account Deposit Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Alt-a Trust 2006-8), Pooling and Servicing Agreement (Bear Stearns Alt-a Trust 2006-8)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IV, on or before each the Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02(b) certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bankunited Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1), Pooling and Servicing Agreement (Bankunited Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Custodial Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Custodial Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee and any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees Fee and any Subsequent RecoveriesPrepayment Interest Excess; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in the Servicing Agreement; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 3.16(a) and 3.17(b) certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Custodial Account. Reconciliations will be prepared for the Protected Account within 45 calendar days after the bank statement cut-off date. All items requiring reconciliation will be resolved within 90 calendar days of their original identification.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-2), Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Company and the Servicer to establish and maintain a Protected Account in accordance with this Agreement and the applicable GMACM Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within one Business Day (or as of such other time specified in the related GMACM Servicing Agreement) of receipt and identification all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Company or the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries, and advances made from the Company’s or the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable this Agreement or the GMACM Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the Protected Account pursuant Accounts. Each of the Company and the Servicer are hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in this Agreement or the GMACM Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Company or the Servicer, as applicable on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in this Agreement or the GMACM Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 5.05 shall be paid to the Company or the Servicer under this Agreement or the GMACM Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Company or the Servicer, as the case may be. The Company or the Servicer (to the extent provided in this Agreement or the GMACM Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in this Agreement or the GMACM Servicing Agreement and subject to this Article IVV, on or before 1:00 p.m. New York City time on each Servicer Remittance Date, the Master Company or the Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Company or the Servicer pursuant to this Agreement or the GMACM Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, any Liquidation Proceeds Prepayments received by the Servicers Servicer (as described in the GMACM Servicing Agreement) and Full Principal Prepayments received by the Company with respect to such Mortgage Loans in the related Prepayment Period, with scheduled interest for the related Due Period less the Servicing Fee and the Master Servicing Fee, if any; (iii) Liquidation Proceeds received by the Company or the Servicer with respect to such Mortgage Loans in the date of prepayment or liquidationprior calendar month, with scheduled interest for the related Due Deriod less the Servicing Fee and the Master Servicing Fee, if any net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iiiiv) partial Partial Principal Prepayments received by the Servicers Company or the Servicer for such Mortgage Loans in the related Prepayment Period; and, together with any related payments of Compensating Interest; (ivv) any Any amount to be used as an Advance Advance; and (vi) The amount of any Prepayment Charges collected with respect to the Mortgage Loans and the amount of any payments Prepayment Charges paid by the Company or the Servicer in connection with the waiver of Compensating Interesta Prepayment Charge in a manner that is not permitted under this Agreement or the GMACM Servicing Agreement. (d) Withdrawals may be made from a Protected Account by the Company as described in Section 5.02 hereof and by the Master Servicer or the Servicer only to make remittances as provided in Section 5.05(c), 5.06 and 5.07; to reimburse the Master Servicer or the Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 11.01. As provided in Sections 5.05(c) and 5.06(b) certain amounts otherwise due to the Company or the Servicer may be retained by the Company or the Servicer and need not be deposited in the Master Servicer Collection Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement

Protected Accounts. (a) The Each Master Servicer shall enforce establish and maintain if it is servicing the obligation of related Mortgage Loans and shall require each Sub-Servicer to establish and maintain a Protected Account in accordance complying with the applicable Servicing Agreementrequirements set forth in this Section 4.01, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily (or as within 24 hours of such other time specified in the related Servicing Agreement) receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by such Master Servicer, or a Sub-Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Sub-Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable Servicing Agreement in the case of any such ServicerSubsection 3.14(a)) and all other amounts to be deposited in the Protected Account pursuant Accounts. Each Master Servicer is hereby authorized to make withdrawals from and deposits to the related Servicing Protected Accounts for purposes required or permitted by this Agreement. . All Protected Accounts shall be held in a Designated Depository Institution and segregated on the books of such institution. The amount at any time credited to a Protected Account shall be fully insured by the FDIC or, to the extent that such balance exceeds the lesser of $100,000 or the limits of such insurance, such excess must be transferred to the appropriate subaccount of the Certificate Account or the related Custody Account or invested in Permitted Investments or may be deposited in a Rating Agency Eligible Account in the name of the Trustee for the benefit of Certificateholders and not commingled with any other funds. Each Master Servicer may, and such Master Servicer may permit a Sub-Servicer to, transfer funds to other accounts (bwhich shall for purposes hereof be deemed to be Protected Accounts) [Reserved]. (c) Subject or to establish Protected Accounts not conforming to the foregoing requirements, to the extent that such other accounts or Protected Accounts are Rating Agency Eligible Accounts in the name of the Trustee for the benefit of Certificateholders and not commingled with any other funds. Amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the custody Account or Certificate Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Article IVSection 4.01 shall be paid to the relevant Master Servicer or the related Sub-Servicer as additional compensation for its obligations under this Agreement, on and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the relevant Master Servicer or before each Servicer Remittance Date, the related Sub-Servicer. The relevant Master Servicer shall (if acting as successor servicer to a Servicer)itself, or shall cause the related Sub-Servicer to, deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (b) On or before each Funds Transfer Date, each Master Servicer shall withdraw or shall cause (by written direction to the Trustee if such withdrawal is from a Custody Account) to be withdrawn from the Protected Accounts or the Custody Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, appropriate subaccount of the Certificate Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the related Mortgage Loans received or any related portion thereof advanced by the related such Master Servicer or Sub-Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the applicable Master Servicing FeesFee due such Master Servicer; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the such Master Servicer or related Sub-Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the applicable Master Servicing Fees and any Subsequent RecoveriesFee due such Master Servicer; (iii) partial Principal Prepayments Partial prepayments of principal received by the such Master Servicer or related Sub-Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Certificate Account Advance. (c) Withdrawals may be made from a Protected Account only to make remittances as provided in Subsections 4.01(b) or 4.03(c), or Section 4.04; to reimburse a Master Servicer or a Sub-Servicer for advances of principal and any payments interest which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Section 4.02(b) certain amounts otherwise due to a Master Servicer may be retained by it and need not be deposited in the Certificate Account. (d) Each Master Servicer shall deliver to the Trustee on or prior to the Determination Date in each month a statement from the institution at which each Protected Account is maintained showing deposits and withdrawals during the prior month.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on during or before the related Due DatePeriod, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period (or, in the case of Subsequent Recoveries, during the related Due Period), with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Monthly Advance. (d) Withdrawals may be made from an Account only to (i) make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03, (ii) reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; (iii) remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or (iv) clear and terminate such account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 8), Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Bear Stearns Alt a Tr 04 8)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in the applicable Servicing Agreement. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them as set forth in the related Servicing Agreements and need not be deposited in the Master Servicer Collection Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrilll Lynch Mortgage Investors Trust, Series 2005-A10), Pooling and Servicing Agreement (Merrilll Lynch Mortgage Investors Trust, Series 2005-A10)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFees or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from an Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mort Invest Inc Mort Pas THR Certs Ser 03 1), Pooling and Servicing Agreement (Structured Asset Mort Invest Inc Mort Pas THR Certs Ser 03 1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within two Business Days (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 and any other benefit arising from holding a Protected Account shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in the applicable Servicing Agreement. The related Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers such Servicer with respect to such Mortgage Loans in the related Principal Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers such Servicer for such Mortgage Loans in the related Principal Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-F1), Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-F1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and the amounts required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.23(c) and any payments 3.24 or as otherwise provided in the Servicing Agreements, to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor, to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis, or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1 or Section 9.2. As provided in Sections 3.23(c) and 3.24(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-Ab1), Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-Ab1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of require ------------------ each Sub-Servicer to establish and maintain a Protected Account in accordance complying with the applicable Servicing Agreementrequirements set forth in this Section 4.01, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily (or as within 24 hours of such other time specified in the related Servicing Agreement) receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by the Master Servicer, or a Sub-Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Sub- Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable Servicing Agreement in the case of any such ServicerSubsection 3.14(a)) and all other amounts to be deposited in the Protected Account pursuant Accounts. The Master Servicer is hereby authorized to make withdrawals from and deposits to the related Servicing Protected Accounts for purposes required or permitted by this Agreement. All Protected Accounts shall be held in a Designated Depository Institution and segregated on the books of such institution. The amount at any time credited to a Protected Account shall be fully insured by the FDIC or, to the extent that such balance exceeds the lesser of $100,000 or the limits of such insurance, such excess must be transferred to the appropriate subaccount of the Certificate Account or the related Custody Account or invested in Permitted Investments. Amounts on deposit in a Protected Account may be invested in Permitted Investments, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Custody Account or Certificate Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Master Servicer or the related Sub-Servicer as additional compensation for its obligations under this Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Master Servicer or the related Sub-Servicer. The Master Servicer shall cause the related Sub-Servicer to deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. The Master Servicer may, and the Master Servicer may permit the related Sub-Servicer to, transfer funds to other accounts (which shall for purposes hereof be deemed to be Protected Accounts) or to establish Protected Accounts not conforming to the foregoing requirements, to the extent that such other accounts or Protected Accounts are Rating Agency Eligible Accounts. (b) [Reserved]. (c) Subject to this Article IV, on On or before each Servicer Remittance Funds Transfer Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause (by written direction to the Trustee if such withdrawal is from a Custody Account) to be withdrawn from the Protected Accounts or the Custody Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, appropriate subaccount of the Certificate Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the related Mortgage Loans received or any related portion thereof advanced by the related Master Servicer or Sub-Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Master Servicing FeesFee due the Master Servicer; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Master Servicer or Sub-Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Master Servicing Fees and any Subsequent RecoveriesFee due the Master Servicer; (iii) partial Partial Principal Prepayments received by the Master Servicer or Sub-Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Certificate Account Advance. (c) Withdrawals may be made from a Protected Account only to make remittances as provided in Subsections 4.01(b) or 4.03(c), or Section 4.04; to reimburse the Master Servicer or a Sub-Servicer for advances of principal and any payments interest which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. (d) The Master Servicer shall deliver to the Trustee on or prior to the Determination Date in each month a statement from the institution at which each Protected Account is maintained showing deposits and withdrawals during the prior month.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Icifc Secured Assets Corp), Pooling and Servicing Agreement (Icifc Secured Assets Corp)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each respective Servicer to establish and maintain a Protected Account in accordance with the applicable related Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts Account shall be deposited daily deposited, within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt thereof, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the such Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the related Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the related Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in a Servicing Agreement, amounts on deposit in the related Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicers under the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. Each Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in a Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the related Protected Accounts Account, and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Distribution Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Initial Mortgage Loans due on or before the Cut-off Date, and other than with respect to principal of or interest on the Subsequent Mortgage Loans due on or before the related Subsequent Cut-off Date, as the case may be) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the related Servicing FeesFee; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers related Servicer with respect to such Mortgage Loans in the related Prepayment Period (or, in the case of Subsequent Recoveries, during the related Due Period), with interest to the date of prepayment or liquidation, net of the amount thereof comprising the related Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by the Servicers related Servicer for such Mortgage Loans in the related Prepayment Period; (iv) All funds collected and received in connection with the operation of any REO Property, and Liquidation Proceeds received upon the final disposition of any REO Property (net of any unreimbursed Monthly Advances, other advances of the related Servicer or Master Servicer with respect thereto, and unpaid Master Servicing Fee and related Servicing Fees with respect thereto); and (ivv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from a Protected Account only to make remittances as provided in Section 4.01(c); to reimburse the Master Servicer or the related Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Section 4.01(c), certain amounts otherwise due to the related Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar6), Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2004-Ar6)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders and the Group I Senior Certificate Insurer (with respect to Group I). (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and the Group I Senior Certificate Insurer (with respect to Protected Accounts related to Group I) and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and the amounts required to be distributed to the Certificateholders and the Group I Senior Certificate Insurer (with respect to Group I) resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFees for the related Loan; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.23(c) and any payments 3.24 or as otherwise provided in the Servicing Agreements, to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor, to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis, or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.1 or Section 10.2, as applicable. As provided in Sections 3.23(c) and 3.24(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers with respect to a Group I Loan or Group II Loan, as applicable, may be retained by them with respect to the related Loan, if applicable, and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3), Pooling and Servicing Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar3)

Protected Accounts. (a) The Each Master Servicer shall enforce establish and maintain if it is servicing the obligation of related Mortgage Loans and shall require each Sub-Servicer to establish and maintain a Protected Account in accordance complying with the applicable Servicing Agreementrequirements set forth in this Section 4.01, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily (or as within 48 hours of such other time specified in the related Servicing Agreement) receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by such Master Servicer, or a Sub-Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Sub-Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable Servicing Agreement in the case of any such ServicerSubsection 3.14(a)) and all other amounts to be deposited in the Protected Account pursuant Accounts. Each Master Servicer is hereby authorized to make withdrawals from and deposits to the related Servicing Protected Accounts for purposes required or permitted by this Agreement. . All Protected Accounts shall be held in a Designated Depository Institution and segregated on the books of such institution. The amount at any time credited to a Protected Account shall be fully insured by the FDIC or, to the extent that such balance exceeds the lesser of $100,000 or the limits of such insurance, such excess must be transferred to the appropriate sub-account of the Certificate Account or invested in Permitted Investments or may be deposited in a Rating Agency Eligible Account in the name of the Trustee for the benefit of Certificateholders and not commingled with any other funds. Each Master Servicer may, and such Master Servicer may permit a Sub-Servicer to, transfer funds to other accounts (b) [Reserved]. (c) Subject which shall for purposes hereof be deemed to be Protected Accounts), commingle accounts, or to establish Protected Accounts not conforming to the foregoing requirements, to the extent that such other accounts or Protected Accounts are Rating Agency Eligible Accounts. Amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Certificate Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Article IVSection 4.01 shall be paid to the relevant Master Servicer or the related Sub-Servicer as additional compensation for its obligations under this Agreement, on and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the relevant Master Servicer or before each Servicer Remittance Date, the related Sub-Servicer. The relevant Master Servicer shall (if acting as successor servicer to a Servicer)itself, or shall cause the related Sub-Servicer to, deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (b) On or before each Funds Transfer Date, each Master Servicer shall withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, appropriate sub-account of the Certificate Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the related Mortgage Loans received or any related portion thereof advanced by the related such Master Servicer or Sub-Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the applicable Master Servicing FeesFee due such Master Servicer; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the such Master Servicer or related Sub-Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the applicable Master Servicing Fees and any Subsequent RecoveriesFee due such Master Servicer; (iii) partial Principal Prepayments Partial prepayments of principal received by the such Master Servicer or related Sub-Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Certificate Account Advance. (c) Withdrawals may be made from a Protected Account only to make remittances as provided in Subsections 4.01(b) or 4.03(c); to reimburse a Master Servicer or a Sub-Servicer for advances of principal and any payments interest which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Section 4.02(b) certain amounts otherwise due to a Master Servicer may be retained by it and need not be deposited in the Certificate Account. (d) Each Master Servicer shall promptly deliver to the Trustee, upon request, a statement from the institution at which each Protected Account is maintained showing deposits and withdrawals during the prior month.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Custodial Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Custodial Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any Any amount to be used as an Advance and any payments of Compensating Interesta Monthly Advance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Initial Mortgage Loans due on or before the Cut-off Date or principal of or interest on Subsequent Mortgage Loans due on or before the related Subsequent Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust, Series 2005-1), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2004-12)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in applicable Servicing Agreement. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers Servicers, other than First Republic and Washington Mutual, for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (MERRILL LYNCH MORT INV TRUST MLMI Series 2005-A1), Pooling and Servicing Agreement (MERRILL LYNCH MORT INV TRUST MLMI Series 2005-A1)

Protected Accounts. (a) The Wells Master Servicer shall enforce the obligation of each Servicer Sxxxxxer (other than the EMC Master Servicer) to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts shall be deposited daily (or as of such other time specified in the related Servicing Agreement) all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees as permitted by such applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant to the related Servicing Agreement. (b) [Reserved]. (c) Subject to this Article IV, on or before each Servicer Remittance Date, the Wells Fargo Master Servicer shall (if acting as successor servicer sexxxxxr to a Servicer), or shall cause the related Servicer (other than the EMC Master Servicer) to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Proceeds and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on during or before the related Due DatePeriod, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period (or, in the case of Subsequent Recoveries, during the related Due Period), with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Master Servicer Collection Account. (e) The Master Servicer shall not waive (or permit a Servicer to waive) any payments Prepayment Charge unless: (i) the enforceability thereof shall have been limited by bankruptcy, insolvency, moratorium, receivership and other similar laws relating to creditors’ rights generally, (ii) the enforcement thereof is illegal, or any local, state or federal agency has threatened legal action if the prepayment penalty is enforced, (iii) the collectability thereof shall have been limited due to acceleration in connection with a foreclosure or other involuntary payment or (iv) such waiver is standard and customary in servicing similar Mortgage Loans and relates to a default or a reasonably foreseeable default and would, in the reasonable judgment of Compensating Interestthe Master Servicer, maximize recovery of total proceeds taking into account the value of such Prepayment Charge and the related Mortgage Loan. In no event will the Master Servicer waive a Prepayment Charge in connection with a refinancing of a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a Prepayment Charge is waived, but does not meet the standards described above, then the Master Servicer is required to pay the amount of such waived Prepayment Charge, for the benefit of the Class R Certificates, by depositing such amount into the Master Servicer Collection Account by the immediately succeeding Distribution Account Deposit Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-5), Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2005-4)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from an Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable related Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts account shall be deposited daily within two (2) Business Days (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the such Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the related Protected Account. Each Protected Account pursuant shall be an Eligible Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, each Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Indenture Trustee for the benefit of the Noteholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in the Protected Accounts may be invested in Permitted Investments in the name of the Indenture Trustee for the benefit of Noteholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Payment Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Noteholders resulting from such investments shall be borne by and be the risk of the related Servicer. Each Servicer (to the extent required by the related Servicing Agreement) shall deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Payment Date on which the moneys so invested are required to be distributed to the Noteholders. (c) Subject To the extent required by the related Servicing Agreement and subject to this Article IV, on or before each the Servicer Remittance Date, the Master each Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Payment Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers related Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent Recoveries;Fee; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an a Monthly Advance and any payments amount to be paid by the Servicers under the related Servicing Agreement with respect to clauses (a) and (b) of Compensating Interestthe definition of Interest Shortfalls. (d) Withdrawals may be made from the Protected Accounts only to make remittances as provided in Section 4.01(c), 4.02 and 4.03; to reimburse the Master Servicer or the related Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 7.10. As provided in Sections 4.01(a) and 4.02(b) certain amounts otherwise due to the related Servicer may be retained by it and need not be deposited in the Payment Account.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Bear Stearns ARM Trust 2007-2), Sale and Servicing Agreement (Alesco Financial Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees Period and any Subsequent Recoveries;Compensating Interest; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from an Account only to make remittances as provided in Section 3.22(c), 3.23 and any payments 3.24 or as otherwise provided in the Servicing Agreements; to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1. As provided in Sections 3.22(c) and 3.23(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc), Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc Mort Loan Trust Series 2003-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable MortgageIT Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts account shall be deposited daily within two (2) Business Days (or as of such other time specified in the related MortgageIT Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the MortgageIT Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Protected Account pursuant shall be an Eligible Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the MortgageIT Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Indenture Trustee for the benefit of the Noteholders. (b) [Reserved]To the extent provided in the MortgageIT Servicing Agreement, amounts on deposit in the Protected Account may be invested in Permitted Investments in the name of the Indenture Trustee for the benefit of Noteholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Payment Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the MortgageIT Servicing Agreement, and the risk of loss of moneys required to be distributed to the Noteholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent required by the MortgageIT Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Payment Date on which the moneys so invested are required to be distributed to the Noteholders. (c) Subject To the extent required by the MortgageIT Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Payment Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the MortgageIT Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) Principal Prepayments in full Principal Prepayments, and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Principal Prepayments in part received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from the Protected Account only to make remittances as provided in Section 4.01(c), 4.04 and any payments 4.05; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 7.10. As provided in Sections 4.01(a) and 4.04(b) certain amounts otherwise due to the Servicer may be retained by it and need not be deposited in the Payment Account.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Mortgageit Trust 2004-2, Mortgage-Backed Notes, Series 2004-2), Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-1, Mortgage-Backed Notes, Series 2005-1)

Protected Accounts. (a) The Master Servicer Trustee shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the Servicing Agreements. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFee; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by the Servicers Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from an Account only to make remittances as provided in Section 4.01(c) and any payments 4.03; to reimburse the Securities Administrator or the Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Section 4.02(b) certain amounts otherwise due to the Servicer may be retained by it and need not be deposited in the Distribution Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc), Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts account shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Indenture Trustee for the benefit of the Noteholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in the Protected Account may be invested in Permitted Investments in the name of the Indenture Trustee for the benefit of Noteholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Noteholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent required by the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Payment Date on which the moneys so invested are required to be distributed to the Noteholders. (c) Subject To the extent required by the Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFee (and, if the Special Servicer is servicing such Mortgage Loan, the Special Servicing Fee) or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) Principal Prepayments in full Principal Prepayments, and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFee (and, if the Special Servicer is servicing such Mortgage Loan, the Special Servicing Fee); (iii) partial Principal Prepayments in part received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from the Protected Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 7.10. As provided in Sections 4.01(a) and 4.02

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Homebanc Mortgage Trust 2004-1), Sale and Servicing Agreement (Structured Asset Mortgage Investments II Inc., HomeBanc Mortgage Trust 2004-2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicers are hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer or a sub-servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFee for each Mortgage Loan or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFee for each Mortgage Loan; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Prime Mort Tr Pas THR Cer Ser 2004 Cl2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IV, on or before each the Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Mlmi Series 2004-A3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within two Business Days (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in the applicable Servicing Agreement. The related Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers such Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers such Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Protected Account pursuant shall be an Eligible Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Initial Mortgage Loans due on or before the Cut-off Date or principal of or interest on Subsequent Mortgage Loans due on or before the related Subsequent Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.05 to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Ii Trust 2005-Ar5)

AutoNDA by SimpleDocs

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within two Business Days (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in the applicable Servicing Agreement. The related Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers such Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers such Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-A8)

Protected Accounts. (a) The Wells Master Servicer shall enforce the obligation of each Servicer Servicxx (xther than the EMC Master Servicer) to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts shall be deposited daily (or as of such other time specified in the related Servicing Agreement) all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees as permitted by such applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant to the related Servicing Agreement. (b) [Reserved]. (c) Subject to this Article IV, on or before each Servicer Remittance Date, the Wells Fargo Master Servicer shall (if acting as successor servicer to servicex xx a Servicer), or shall cause the related Servicer (other than the EMC Master Servicer) to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account (or, in the case of First Union, into the Distribution Account), amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Servicing Protected Account for purposes required or permitted by this Agreement. The Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]Amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from an Account only to make remittances as provided in Sections 4.01(b); to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.02(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Protected Accounts. (a01) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts account shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Indenture Trustee for the benefit of the Noteholders. (b02) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in the Protected Account may be invested in Permitted Investments in the name of the Indenture Trustee for the benefit of Noteholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Noteholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent required by the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Payment Date on which the moneys so invested are required to be distributed to the Noteholders. (c03) Subject To the extent required by the Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i01) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFee (and, if the Special Servicer is servicing such Mortgage Loan, the Special Servicing Fee) or any fees with respect to any lender-paid primary mortgage insurance policy; (ii02) Principal Prepayments in full Principal Prepayments, and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFee (and, if the Special Servicer is servicing such Mortgage Loan, the Special Servicing Fee); (iii03) partial Principal Prepayments in part received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv04) any Any amount to be used as an Advance a Monthly Advance. (04) Withdrawals may be made from the Protected Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 7.10. As provided in Sections 4.01(a) and 4.02(b) certain amounts otherwise due to the Servicer may be retained by it and need not be deposited in the Master Servicer Collection Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Homebanc Corp)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Purchase and Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Purchase and Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Purchase and Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Master Servicer is hereby authorized to make withdrawals from and deposits to the related Servicing Agreement. (b) [Reserved]. (c) Subject to Protected Account for purposes required or permitted by this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments Agreement (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect Protected Accounts that Cendant and WMMSC are required to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers maintain pursuant to the Cendant Purchase and Servicing Agreements which were due Agreement and WMMSC Servicing Agreement, respectively). (b) In accordance with the terms of the applicable Purchase and Servicing Agreement, amounts on or before deposit in a Protected Account may be invested by the applicable Servicer in investments specified in such Purchase and Servicing Agreement. The income earned from investments made pursuant to this Section 3.06 shall be paid to the related Due DateServicer under the applicable Purchase and Servicing Agreement, net and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the amount thereof comprising related Servicer. The related Servicer (to the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans extent provided in the related Prepayment Period, with interest Purchase and Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the date of prepayment or liquidation, net of Distribution Date on which the amount thereof comprising the Servicing Fees and any Subsequent Recoveries; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount moneys so invested are required to be used as an Advance and any payments of Compensating Interestdistributed to the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Asset Sec Trans Inc Mort Pass THR Cert Ser 2002-8)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the related Servicer to establish and maintain a Protected Account in accordance with this Agreement and the applicable related Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within one Business Day (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries, and advances made from the related Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable this Agreement or the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the Protected Accounts. The related Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in this Agreement or the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the related Servicer, as applicable on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in this Agreement or the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 5.05 shall be paid to the related Servicer under the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as the case may be. The related Servicer (to the extent provided in this Agreement or the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in this Agreement or the related Servicing Agreement and subject to this Article IVV, on or before 1:00 p.m. New York City time on each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect and shall remit them to each Mortgage Loan serviced by itthe Securities Administrator for deposit in the Distribution Account: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers each Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers each Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers each Servicer for such Mortgage Loans in the related Prepayment Period; and; (iv) any Any amount to be used as an Advance and any payments Compensating Interest required to be paid by each Servicer; and (v) The amount of Compensating Interestany Prepayment Charges collected with respect to the Mortgage Loans and the amount of any Prepayment Charges paid by each Servicer in connection with the waiver of a Prepayment Charge in a manner that is not permitted under the related Servicing Agreement. (d) Withdrawals may be made from a Protected Account by the Master Servicer or each Servicer only to make remittances as provided in Section 5.05; to reimburse the Master Servicer or the related Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 11.01. As provided in Sections 5.05 certain amounts otherwise due to the related Servicer may be retained by the related Servicer and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Im1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement and the Servicing Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IV, on or before each the Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance or any Compensating Interest Payments. (d) Withdrawals may be made from an Advance Account only to make remittances or reimbursements as provided in Section 4.01(c), 4.03, 4.04 and any payments 4.05; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.03 certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts shall be deposited daily (or as of such other time specified in the related Servicing Agreement) all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees as permitted by such applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant to the related Servicing Agreement. (b) [Reserved]. (c) Subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees Fees, and any Subsequent Recoveries; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2004-Sd2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within [ ] hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of the Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and amount required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within [ ] Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.22(c), 3.23 and any payments 3.24 or as otherwise provided in the Servicing Agreements, to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor, to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis, or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1. As provided in Sections 3.22(c) and 3.23(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IV, on or before each the Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MERRILL LYNCH MORT INV INC MLMI Series 2004-A2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Proceeds and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]. (c) Subject to this Article IVTo the extent provided in the related Servicing Agreement, amounts on or before each Servicer Remittance Datedeposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the Master Servicer preceding paragraph, not commingled with any other funds. Such Permitted Investments shall (if acting as successor servicer to a Servicer)mature, or shall cause be subject to redemption or withdrawal, no later than the related Servicer to withdraw or shall cause date on which such funds are required to be withdrawn from the Protected Accounts and immediately for deposit or cause to be deposited into in the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect this Section 4.01 shall be paid to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Servicing Agreements which were due on or before Certificateholders resulting from such investments shall be borne by and be the risk of the related Due Date, net of Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, of any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans loss in the related Prepayment Period, with interest Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the date of prepayment or liquidation, net of Distribution Date on which the amount thereof comprising the Servicing Fees and any Subsequent Recoveries; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount moneys so invested are required to be used as an Advance and any payments of Compensating Interestdistributed to the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust, Series 2005-8)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account only to make remittances as provided in Section 4.01(c); to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts shall be deposited daily (or as of such other time specified in the related Servicing Agreement) all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees as permitted by such applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant to the related Servicing Agreement. (b) [Reserved]. (c) Subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and; (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2003-Sd1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders and the Insurer. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and the Insurer and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and the amounts required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.23(c) and any payments 3.24 or as otherwise provided in the Servicing Agreements, to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor, to remove amounts deposited in error, to remove fees, charges or other such amounts deposited on a temporary basis, or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.01. As provided in Sections 3.23(c) and 3.24(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-Ab4)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within two Business Days (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in the applicable Servicing Agreement. The related Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers such Servicer with respect to such Mortgage Loans in the related Principal Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers such Servicer for such Mortgage Loans in the related Principal Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Af1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders and MBIA. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFees or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from an Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Inc Mort Pass THR Certs Ser 2003-1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders and the Credit Enhancer and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Servicer Remittance Date on which the moneys so invested are required to be distributed to the Securities Administrator. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from a Protected Account only to make remittances as provided in the Servicing Agreement; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 9.01. To the extent provided in the Servicing Agreement, certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Distribution Account

Appears in 1 contract

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders and MBIA. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust Mortgage Pass-Through Cert Ser 2003-3)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Proceeds and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Servicing Compensation in the form of assumption fees, if any, late payment charges, as collected, if any, or otherwise (exclusive of any Prepayment Charges with regards to the Group I Mortgage Loans, but inclusive of any Prepayment Charges with regards to the Group II Mortgage Loans and the Group III Mortgage Loans) shall be retained by the applicable Servicer and shall not be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup or Sub-Loan Group, as applicable: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on during or before the related Due DatePeriod, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period (or, in the case of Subsequent Recoveries, during the related Due Period), with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and; (iv) any Any amount to be used as a Monthly Advance or any Compensating Interest Payments; and (v) Any amounts required to be paid by the Servicers under the related Servicing Agreements with respect to clauses (a) and (b) of the definition of Interest Shortfall with respect to the related Mortgage Loans for the related Distribution Date. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.04 and 4.05; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.04(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account. (e) The Master Servicer shall not itself waive (or authorize a Servicer to waive, unless such Servicer is allowed to waive in accordance with the terms of the related Servicing Agreement) any payments Prepayment Charge that the Trust would otherwise be entitled to unless: (i) the enforceability thereof shall have been limited by bankruptcy, insolvency, moratorium, receivership and other similar laws relating to creditors’ rights generally, (ii) the enforcement thereof is illegal, or any local, state or federal agency has threatened legal action if the prepayment penalty is enforced, (iii) the mortgage debt has been accelerated in connection with a foreclosure or other involuntary payment or (iv) such waiver is standard and customary in servicing similar Mortgage Loans and relates to a default or a reasonably foreseeable default and would, in the reasonable judgment of Compensating Interestthe Master Servicer, maximize recovery of total proceeds taking into account the value of such Prepayment Charge and the related Mortgage Loan. In no event will the Master Servicer itself waive a Prepayment Charge in connection with a refinancing of a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a Prepayment Charge is waived by the Master Servicer, but does not meet the standards described above, then the Master Servicer is required to pay the amount of such waived Prepayment Charge by depositing such amount into the Distribution Account by the immediately succeeding Distribution Account Deposit Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-6)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within two Business Days (or as of such other time specified in the related Servicing this Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable Servicing this Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Company is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Applicable Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) To the extent provided in this Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 or other benefits arising from the related Protected Account shall be paid to the Company under this Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments related to the Company's account shall be borne by and be the risk of the Company, as set forth in this Agreement. The Company (to the extent provided in this Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) [Reserved]. (cd) Subject to this Article IV, on or before each Servicer Remittance Date, Withdrawals by the Master Servicer shall (if acting may be made from the Master Servicer Collection Account only to make remittances as successor servicer provided in Sections 4.02, 4.03 and 13.05; to reimburse the Master Servicer or a Servicer), or shall cause Servicer for Advances which have been recovered by subsequent collection from the related Servicer Mortgagor; to withdraw remove amounts deposited in error; to remove fees, charges or shall cause other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 10.01. As provided in Sections 4.02(b) and 13.05 certain amounts otherwise due to the Company may be withdrawn from retained by the Protected Accounts Company as set forth in this Agreement and immediately deposit or cause to need not be deposited into in the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent Recoveries; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within two Business Days (or as of such other time specified in the related Servicing Agreement) of receipt and identification, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the applicable Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the applicable Protected Account pursuant to for purposes required or permitted by this Agreement. Reconciliations will be prepared for the Protected Accounts within 45 calendar days after the bank statement cut-off date. To the extent provided in the related Servicing Agreement., the related Protected Account shall be held by a Designated Depository Institution and segregated NYSonCtEheFbooDkOs oCf .suchNiOns.titut8io8n 7in the name of the Trustee for the benefit of Holders of the Certificates. RECEIVED NYSCEF: 10/13/2020 (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Holders of the Certificates and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Holders of the Certificates resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the applicable Servicing Agreement) shall deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Holders of the Certificates. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, any Liquidation Proceeds Prepayments received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidationprepayment, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Liquidation Proceeds or Subsequent Recoveries received by such Servicer with respect to the Mortgage Loans during the related calendar month; (iv) Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (ivv) any Any amount to be used as an a Monthly Advance and any payments Compensating Interest Payments. (d) Withdrawals may be made from an Account only to make remittances as provided in Sections 4.01(c), 4.02 and 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthe Trust Fund in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of the Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and amount required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.22(c), 3.23 and any payments 3.24 or as otherwise provided in the Servicing Agreements, to reimburse the Master Servicer or a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1. As provided in Sections 3.22(c) and 3.23(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-Ar2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders and MBIA. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(a) and 4.02

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mort Inv Ii Inc Prime Mortgage Trust 2003 2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the related Servicer to establish and maintain a Protected Account in accordance with this Agreement and the applicable related Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within one Business Day (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries, and advances made from the related Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable this Agreement or the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the Protected Accounts. The related Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in this Agreement or the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the related Servicer, as applicable on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in this Agreement or the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.05 shall be paid to the related Servicer under the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as the case may be. The related Servicer (to the extent provided in this Agreement or the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in this Agreement or the related Servicing Agreement and subject to this Article IV, on or before 1:00 p.m. New York City time on each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect and shall remit them to each Mortgage Loan serviced by itthe Master Servicer who in turn will remit to the securities administrator for deposit in the Distribution Account: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers each Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers each Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers each Servicer for such Mortgage Loans in the related Prepayment Period; and; (iv) any Any amount to be used as an Advance Advance; and (v) The amount of any Prepayment Charges collected with respect to the Mortgage Loans and the amount of any payments Prepayment Charges paid by each Servicer in connection with the waiver of Compensating Interesta Prepayment Charge in a manner that is not permitted under the related Servicing Agreement. (d) Withdrawals may be made from a Protected Account by the Master Servicer or each Servicer only to make remittances as provided in Section 4.05(c), 4.06 and 4.07; to reimburse the Master Servicer or the related Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 11.01. As provided in Sections 4.05(c) and 4.06(b) certain amounts otherwise due to the related Servicer may be retained by the related Servicer and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-Im1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by the related Servicing Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of the Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the related Servicer under the applicable Servicing Agreement, and amount required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of Compensating Interest and the amount thereof comprising the Servicing Fees and of any Subsequent Recoveries;related Prepayment Charges; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Section 3.22(c), 3.23 and any payments 3.24 or as otherwise provided in the Servicing Agreements; to reimburse the Master Servicer, a Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 9.1. As provided in Sections 3.22(c) and 3.23(b) or as otherwise provided in the Servicing Agreements certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-Ar1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Custodial Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Custodial Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any Any amount to be used as an Advance and any payments of Compensating Interesta Monthly Advance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts shall be deposited daily (or as of such other time specified in the related Servicing Agreement) all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees as permitted by such applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant to the related Servicing Agreement. (b) [Reserved]. (c) Subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit or cause to be deposited into the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent Recoveries; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset-Backed Certificates Series 2004-Sd1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts shall be deposited daily (or as of such other time specified in the related Servicing Agreement) all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the such Servicer's own funds (less Servicing Fees as permitted by such applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account pursuant to the related Servicing Agreement. (b) [Reserved]. (c) Subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and immediately deposit remit or cause to be deposited remitted to the Securities Administrator for deposit into the Master Servicer Collection Distribution Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, and any Liquidation Proceeds and Subsequent Recoveries received by the Servicers with interest respect to such Mortgage Loans during the date of prepayment or liquidationrelated period set forth in the respective Servicing Agreement, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Trust 2007-Sd2)

Protected Accounts. (a) The Master Servicer shall enforce establish and maintain if it is servicing the obligation of Mortgage Loans and shall require each Sub-Servicer to establish and maintain a Protected Account in accordance complying with the applicable Servicing Agreementrequirements set forth in this Section 4.01, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily (or as within two Business Days of such other time specified in the related Servicing Agreement) receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by the Master Servicer, or a Sub-Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Sub-Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable Servicing Agreement in the case of any such ServicerSubsection 3.14(a)) and all other amounts to be deposited in the Protected Account pursuant Accounts. The Master Servicer is hereby authorized to make withdrawals from and deposits to the related Servicing Protected Accounts for purposes required or permitted by this Agreement. All Protected Accounts shall be held in a Designated Depository Institution and segregated on the books of such institution. The amount at any time credited to a Protected Account shall be fully insured by the FDIC or, to the extent that such balance exceeds the lesser of $100,000 or the limits of such insurance, such excess must be transferred to the Certificate Account or invested in Permitted Investments or may be deposited in a Rating Agency Eligible Account in the name of the Trustee for the benefit of Certificateholders and the Certificate Insurer and not commingled with any other funds. The Master Servicer may, and the Master Servicer may permit a Sub-Servicer to, transfer funds to other accounts (which shall for purposes hereof be deemed to be Protected Accounts), commingle accounts, or to establish Protected Accounts not conforming to the foregoing requirements, to the extent that such other accounts or Protected Accounts are Rating Agency Eligible Accounts. Amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and the Certificate Insurer and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Certificate Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Master Servicer or the related Sub-Servicer as additional compensation for its obligations under this Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Master Servicer or the related Sub-Servicer. The Master Servicer shall itself, or shall cause the related Sub-Servicer to, deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (b) [Reserved]. (c) Subject to this Article IV, on On or before (i) in the case of the Multifamily Loan, the 20th of each Servicer Remittance calendar month (or if such day is not a Business Day, the immediately succeeding Business Day) and (ii) in the case of any other Mortgage Loan, each Funds Transfer Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Certificate Account (and, in the case of the Multifamily Loan, the Master Servicer Collection shall cause Reilly to withdraw from the applicable Protected Account and imxxxxxxely deposit into the Certificate Account, ) amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date except for principal on Simple Interest Loans due on or before the Cut-Off Date but received after the Cut-Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Master Servicer or Sub-Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising servicing fees in excess of any compensating interest payments by the Servicing FeesMaster Servicer or by Sub-Servicers; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Master Servicer or Sub-Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Master Servicing Fees and any Subsequent RecoveriesFee due the Master Servicer; (iii) partial Principal Prepayments Partial prepayments of principal received by the Master Servicer or Sub-Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Certificate Account Advance. (c) Withdrawals may be made from a Protected Account only to make remittances as provided in Section 4.01(b) or 4.03; to reimburse the Master Servicer or a Sub-Servicer for advances of principal and interest which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 10.01. As provided in Section 4.02(b) certain amounts otherwise due to the Master Servicer may be retained by it and need not be deposited in the Certificate Account. Except as provided in the foregoing sentences, prior to transfer of funds into the Certificate Account pursuant to Section 4.01(b) for application as set forth in Sections 4.02, 4.03 and 6.01, no withdrawals shall otherwise be made to pay any payments expense, cost, fee, indemnity or liability of Compensating Interestthe Master Servicer or the Trustee. (d) The Master Servicer shall deliver to the Trustee on or prior to the Determination Date in each month a statement from the institution at which each Protected Account is maintained showing deposits and withdrawals during the prior month.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in the applicable Servicing Agreement. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them as set forth in the related Servicing Agreements and need not be deposited in the Master Servicer Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A7)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable GreenPoint Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related GreenPoint Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the GreenPoint Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the GreenPoint Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the GreenPoint Servicing Agreement, amounts on deposit in the Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the GreenPoint Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the GreenPoint Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the GreenPoint Servicing Agreement and subject to this Article IV, on or before each the Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the GreenPoint Servicing Agreements Agreement which were due on during or before the related Due DatePeriod, net of the amount thereof comprising the Servicing Fees; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such Mortgage Loans in the related Prepayment Period (or, in the case of Subsequent Recoveries, during the related Due Period), with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Partial Principal Prepayments received by the Servicers Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Monthly Advance. (d) Withdrawals may be made from an Account only to (i) make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03, (ii) reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; (iii) remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or (iv) clear and terminate such account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02(b) certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Master Servicer Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns BSALTA 2005-1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Securities Administrator on behalf of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 3.16 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Servicer Remittance Date on which the moneys so invested are required to be distributed to the Securities Administrator. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IVIII, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i1) Scheduled Payments payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the its Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii2) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii3) partial Partial Principal Prepayments received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv4) any All Prepayment Charges and the amount, if any, required to be paid by the Servicer pursuant to Section 11.02 of the Servicing Agreement; (5) Any amount to be used as an a Advance and any payments of Compensating Interest. (d) Withdrawals may be made from an Account only to make remittances as provided in the Servicing Agreement; to reimburse the Master Servicer or the Servicer for Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 9.01. To the extent provided in the Servicing Agreement, certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Distribution Account

Appears in 1 contract

Samples: Pooling and Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-5)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Proceeds and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such Servicer) and all other amounts to be deposited in the Protected Account. Servicing Compensation in the form of assumption fees, if any, late payment charges, as collected, if any, or otherwise (exclusive of any Prepayment Charges with regards to the Group I Mortgage Loans, but inclusive of any Prepayment Charges with regards to the Group II Mortgage Loans) shall be retained by the applicable Servicer and shall not be deposited in the Protected Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. The related Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup or Sub-Loan Group, as applicable: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers such Servicer pursuant to the its Servicing Agreements Agreement which were due on during or before the related Due DatePeriod, net of the amount thereof comprising the its Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers such Servicer with respect to such the Mortgage Loans in the related Prepayment Period (or, in the case of Subsequent Recoveries, during the related Due Period), with interest to the date of prepayment or liquidation, net of the amount thereof comprising the its Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by such Servicer for the Servicers for such Mortgage Loans in the related Prepayment Period; and; (iv) any Any amount to be used as a Monthly Advance or any Compensating Interest Payments; and (v) Any amounts required to be paid by the Servicers under the related Servicing Agreements with respect to clauses (a) and (b) of the definition of Interest Shortfall with respect to the related Mortgage Loans for the related Distribution Date. (d) Withdrawals may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.04 and 4.05; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.04(b) certain amounts otherwise due to the Servicers may be retained by them and need not be deposited in the Distribution Account. (e) The Master Servicer shall not itself waive (or authorize a Servicer to waive, unless such Servicer is allowed to waive in accordance with the terms of the related Servicing Agreement) any payments Prepayment Charge that the Trust would otherwise be entitled to unless: (i) the enforceability thereof shall have been limited by bankruptcy, insolvency, moratorium, receivership and other similar laws relating to creditors' rights generally, (ii) the enforcement thereof is illegal, or any local, state or federal agency has threatened legal action if the prepayment penalty is enforced, (iii) the mortgage debt has been accelerated in connection with a foreclosure or other involuntary payment or (iv) such waiver is standard and customary in servicing similar Mortgage Loans and relates to a default or a reasonably foreseeable default and would, in the reasonable judgment of Compensating Interestthe Master Servicer, maximize recovery of total proceeds taking into account the value of such Prepayment Charge and the related Mortgage Loan. In no event will the Master Servicer itself waive a Prepayment Charge in connection with a refinancing of a Mortgage Loan that is not related to a default or a reasonably foreseeable default. If a Prepayment Charge is waived by the Master Servicer, but does not meet the standards described above, then the Master Servicer is required to pay the amount of such waived Prepayment Charge by depositing such amount into the Distribution Account by the immediately succeeding Distribution Account Deposit Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns ALT-A Trust 2006-7)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing this Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within two Business Days (or as of such other time specified in the related Servicing this Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable Servicing this Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Servicing Protected Account for purposes required or permitted by this Agreement. To the extent provided in this Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) To the extent provided in this Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 or other benefits arising from the Protected Account shall be paid to the applicable Servicer under this Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the applicable Servicer, as set forth in this Agreement. The applicable Servicer (to the extent provided in this Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) [Reserved]. (cd) Subject to this Article IV, on or before each Servicer Remittance Date, Withdrawals by the Master Servicer shall (if acting may be made from the Master Servicer Collection Account only to make remittances as successor servicer provided in Sections 4.02, 4.03 and 13.05; to reimburse the Master Servicer or a Servicer), or shall cause Servicer for Monthly Advances which have been recovered by subsequent collection from the related Servicer Mortgagor; to withdraw remove amounts deposited in error; to remove fees, charges or shall cause other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of this Agreement in accordance with Section 10.01. As provided in Sections 4.02(b) and 13.05 certain amounts otherwise due to the Servicers may be withdrawn from the Protected Accounts retained by them as set forth in this Agreement and immediately deposit or cause to need not be deposited into in the Master Servicer Collection Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the Servicing Agreements which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent Recoveries; (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any amount to be used as an Advance and any payments of Compensating Interest.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Oar1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable AHM Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts account shall be deposited daily within 48 hours (or as of such other time specified in the related AHM Servicing Agreement) of receipt, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the AHM Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the AHM Servicing Agreement, the Protected Account shall be held by a Designated Depository Institution and segregated on the books of such institution in the name of the Indenture Trustee for the benefit of the Noteholders. (b) [Reserved]To the extent provided in the AHM Servicing Agreement, amounts on deposit in the Protected Account may be invested in Permitted Investments in the name of the Indenture Trustee for the benefit of Noteholders and, except as provided in the preceding paragraph, not commingled with any other funds. Such Permitted Investments shall mature, or shall be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the AHM Servicing Agreement, and the risk of loss of moneys required to be distributed to the Noteholders resulting from such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the AHM Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Payment Date on which the moneys so invested are required to be distributed to the Noteholders. (c) Subject To the extent provided in the AHM Servicing Agreement and subject to this Article IV, on or before each the Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the its Protected Accounts Account and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-Cut- off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the AHM Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) Principal Prepayments in full Principal Prepayments, and any Liquidation Proceeds received by the Servicers Servicer with respect to such the Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Principal Prepayments in part received by the Servicers Servicer for such the Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from the Protected Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or the Servicer for Monthly Advances which have been recovered by subsequent collections from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 7.10. As provided in Sections 4.01(a) and 4.02

Appears in 1 contract

Samples: Sale and Servicing Agreement (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each respective Servicer to establish and maintain a Protected Account in accordance with the applicable related Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts Account shall be deposited daily deposited, within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt thereof, all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the related Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, and advances made from the such Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the related Servicing Agreement in the case of any such ServicerAgreement) and all other amounts to be deposited in the related Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the related Protected Account shall be held in a Designated Depository Institution and segregated as a trust account on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in a Servicing Agreement, amounts on deposit in the related Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicers under the related Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer. Each Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the related Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in a Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as a successor servicer to a Servicer), or shall cause the related Servicer to to, withdraw or shall cause to be withdrawn from the related Protected Accounts Account, and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Distribution Account, amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it: (i) Scheduled Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the related Servicing FeesFee or any fees with respect to any lender-paid primary mortgage insurance policy; (ii) full Full Principal Prepayments, Prepayments and any Liquidation Proceeds received by the Servicers related Servicer with respect to such Mortgage Loans in the related Prepayment Period (or, in the case of Subsequent Recoveries, during the related Due Period), with interest to the date of prepayment or liquidation, net of the amount thereof comprising the related Servicing Fees and any Subsequent RecoveriesFee; (iii) partial Partial Principal Prepayments received by the Servicers related Servicer for such Mortgage Loans in the related Prepayment Period; (iv) All funds collected and received in connection with the operation of any REO Property, and Liquidation Proceeds received upon the final disposition of any REO Property (net of any unreimbursed Monthly Advances, other advances of the related Servicer or Master Servicer with respect thereto, and unpaid related Servicing Fees with respect thereto); and (ivv) any Any amount to be used as an Advance a Monthly Advance. (d) Withdrawals may be made from a Protected Account only to make remittances as provided in Section 4.01(c); to reimburse the Master Servicer or the related Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and any payments terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Section 4.01(c), certain amounts otherwise due to the related Servicers may be retained by them and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments II Trust 2005-Ar2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's own funds (less Servicing Fees servicing compensation as permitted by such applicable the Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by this Agreement. To the extent provided in the Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the Servicer under the Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the Servicer, as set forth in the Servicing Agreement. The Servicer (to the extent provided in the Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers Servicer for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interest.this Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MERRILL LYNCH MORT INV TRUST MLMI Series 2005-A2)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each Servicer to establish and maintain a Protected Account in accordance with the applicable Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such the applicable Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account. Each Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account pursuant to for purposes required or permitted by this Agreement. To the extent provided in the related Servicing Agreement, the Protected Account shall be held in a Designated Depository Institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the related Servicing Agreement, amounts on deposit in a Protected Account may be invested in Permitted Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Permitted Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Master Servicer Collection Account, and shall be held until required for such deposit. The income earned from Permitted Investments made pursuant to this Section 4.01 shall be paid to the related Servicer under the applicable Servicing Agreement, and the risk of loss of moneys required to be distributed to the Certificateholders resulting from such investments shall be borne by and be the risk of the related Servicer, as set forth in the applicable Servicing Agreement. The related Servicer (to the extent provided in the related Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be distributed to the Certificateholders. (c) Subject To the extent provided in the related Servicing Agreement and subject to this Article IV, on or before each Servicer Remittance Date, the Master related Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Date) with respect to each Mortgage Loan serviced by itGroup: (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers pursuant to the related Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, Prepayments in Full and any Liquidation Proceeds received by the Servicers with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees and any Subsequent RecoveriesFees; (iii) partial Principal Prepayments Curtailments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as a Monthly Advance. (d) Withdrawals by the Master Servicer may be made from an Advance Account only to make remittances as provided in Section 4.01(c), 4.02 and any payments 4.03; to reimburse the Master Servicer or a Servicer for Monthly Advances which have been recovered by subsequent collection from the related Mortgagor; to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis; or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.01. As provided in Sections 4.01(c) and 4.02(b) certain amounts otherwise due to the Servicers may be retained by them as set forth in the related Servicing Agreements and need not be deposited in the Master Servicer Collection Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2005-A6)

Protected Accounts. (a) The Master Servicer shall enforce the obligation of each the Servicer to establish and maintain a Protected Account in accordance with the applicable Mortgage Loan Purchase and Servicing Agreement, with records to be kept with respect thereto on a Mortgage Loan by Mortgage Loan basis, into which Protected Accounts accounts shall be deposited daily within 48 hours (or as of such other time specified in the related Mortgage Loan Purchase and Servicing Agreement) of receipt all collections of principal and interest on any Mortgage Loan and with respect to any REO Property received by a the Servicer, including Principal Prepayments, Insurance Proceeds, Liquidation Proceeds, Subsequent Recoveries and advances made from the Servicer's ’s own funds (less Servicing Fees servicing compensation as permitted by such applicable the Mortgage Loan Purchase and Servicing Agreement in the case of any such the Servicer) and all other amounts to be deposited in the Protected Account pursuant Account. The Servicer is hereby authorized to make withdrawals from and deposits to the related Protected Account for purposes required or permitted by the Mortgage Loan Purchase and Servicing Agreement. To the extent provided in the Mortgage Loan Purchase and Servicing Agreement, the Protected Account shall be held in a depository institution and segregated on the books of such institution in the name of the Trustee for the benefit of Certificateholders. (b) [Reserved]To the extent provided in the Mortgage Loan Purchase and Servicing Agreement, amounts on deposit in a Protected Account may be invested in Eligible Investments in the name of the Trustee for the benefit of Certificateholders and, except as provided in the preceding paragraph, not commingled with any other funds, such Eligible Investments to mature, or to be subject to redemption or withdrawal, no later than the date on which such funds are required to be withdrawn for deposit in the Distribution Account, and shall be held until required for such deposit. The income earned from Eligible Investments made pursuant to this Section 3.22 shall be paid to the Servicer under the Mortgage Loan Purchase and Servicing Agreement, and the amounts required to be distributed to the Certificateholders resulting from the loss of monies on such investments shall be borne by and be the risk of the Servicer. The Servicer (to the extent provided in the Mortgage Loan Purchase and Servicing Agreement) shall deposit the amount of any such loss in the Protected Account within two Business Days of receipt of notification of such loss but not later than the second Business Day prior to the Distribution Date on which the moneys so invested are required to be remitted to the Master Servicer or the Securities Administrator. (c) Subject To the extent provided in the Mortgage Loan Purchase and Servicing Agreement and subject to this Article IVIII, on or before each the Servicer Remittance Date, the Master Servicer shall (if acting as successor servicer to a Servicer), or shall cause the related Servicer to withdraw or shall cause to be withdrawn from the Protected Accounts and shall immediately deposit or cause to be deposited into in the Master Servicer Collection Account, Distribution Account amounts representing the following collections and payments (other than with respect to principal of or interest on the Mortgage Loans due on or before the Cut-off Off Date) with respect to each Mortgage Loan serviced by it:): (i) Scheduled Monthly Payments on the Mortgage Loans received or any related portion thereof advanced by the related Servicers Servicer pursuant to the Mortgage Loan Purchase and Servicing Agreements Agreement which were due on or before the related Due Date, net of the amount thereof comprising the Servicing Fees; (ii) full Principal Prepayments, any Liquidation Proceeds, Insurance Proceeds and Subsequent Recoveries received by the Servicers Servicer with respect to such Mortgage Loans in the related Prepayment Period, with interest to the date of prepayment or liquidation, net of the amount thereof comprising the Servicing Fees Period and any Subsequent Recoveries;Compensating Interest; and (iii) partial Principal Prepayments received by the Servicers for such Mortgage Loans in the related Prepayment Period; and (iv) any Any amount to be used as an Advance Advance. (d) Withdrawals may be made from a Protected Account or the Distribution Account only to make remittances as provided in Sections 3.23(c) and any payments 3.24 or as otherwise provided in the Mortgage Loan Purchase and Servicing Agreements, to reimburse the Master Servicer or the Servicer for Advances which have been recovered by subsequent collection from the related Mortgagor, to remove amounts deposited in error; to remove fees, charges or other such amounts deposited on a temporary basis, or to clear and terminate the account at the termination of Compensating Interestthis Agreement in accordance with Section 10.1. As provided in Sections 3.23(b) and 3.24(b) or as otherwise provided in the Mortgage Loan Purchase and Servicing Agreements certain amounts otherwise due to the Servicer may be retained by them and need not be deposited in the Distribution Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-3)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!