Reimbursement of Advances. Except as otherwise provided herein, the Servicer shall be entitled to first priority reimbursement pursuant to Section 2.05 hereof for Servicing Advances (i) from recoveries from the related Mortgagor (ii) from all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) and (iii) from Owner on each Transfer Date with respect to the related Mortgage Loan. Owner shall pay the Servicer on each Remittance Date Cost of Funds in connection with any Servicing Advances accrued through and including the last day of the month prior to the Remittance Date. (1) the Servicer shall apply principal collections from the same Due Period (i.e., January collections would reduce January draws); (2) the Servicer shall notify the Master Servicer on the Remittance Date of the net amount of Draws due to the Servicer as of the end of the prior Due Period and the Master Servicer or Securities Administrator shall remit available principal collections on the next Distribution Date in respect of any mortgages forming part of the mortgage pool (including mortgages which are not HELOC Mortgage Loans) in an amount equal to unreimbursed draws due to the Servicer; (3) the Master Servicer will notify the Class G Certificateholder of any amounts due to the Servicer after application of amounts in clauses (1) and (2) and the Class G Certificateholder shall be required to remit to the Master Servicer or Securities Administrator any amount due up to an amount set forth in the Indenture (i. e., the 0.5% limitation) and the Master Servicer or Securities Administrator shall remit such amounts to the Servicer on the Distribution Date; and (4) to the extent that the Class G Certificateholder does not remit any amounts due to the Servicer because the total funding limit permitted in respect of the Class G Certificateholder has been reached or an Amortization Event has occurred, MLML (or Countrywide if mutually agreed to by MLML and Countrywide) shall remit such amounts, as a funding of the Excluded Amounts, to the Servicer either directly or as holder of the Class G Certificate through the trust or other issuing entity related to the Securitization Transfer; provided, that if the Servicer has been notified that an Amortization Event is in effect, the Servicer shall be reimbursed pursuant to clause (4). MLML agrees that if it fails to fulfill its obligation as the Class G Certificateholder to advance amounts owed to the trust for reimbursement to the Servicer, that the Servicer may enforce such obligation directly against MLML. MLML shall wire such unpaid HELOC Draw Advances within ten (10) days of Servicer's request for reimbursement. MLML shall pay Servicer Cost of Funds in connection with any unpaid HELOC Draw Advances (to the extent all reimbursement remedies have been exhausted as set forth herein) not reimbursed to Servicer on each Remittance Date.
Appears in 1 contract
Samples: Flow Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Sl2)
Reimbursement of Advances. Except (a) If at the time Countrywide becomes successor servicer under the Pooling and Servicing Agreement, Xxxxx Fargo has any unreimbursed Monthly Advances or Servicing Advances outstanding, Countrywide agrees to pay to Xxxxx Fargo within thirty (30) days of the date on which Countrywide is appointed as otherwise provided successor servicer, an amount equal to the unreimbursed Monthly Advances or Servicing Advances that have been made by Xxxxx Fargo to the Trust. Xxxxx Fargo shall provide Countrywide with a certificate of an officer of Xxxxx Fargo that certifies and sets forth the amount of the Monthly Advances and Servicing Advances made by Xxxxx Fargo to the Trust. Notwithstanding anything to the contrary herein, Countrywide shall not reimburse Xxxxx Fargo in the Servicer shall manner contemplated in the Section 2.05(a), for any Monthly Advances or Servicing Advances owed to Xxxxx Fargo as the result of Xxxxx Fargo's reimbursement of Delta for any Monthly Advances or Servicing Advances made by Delta. Such advances will be entitled reimbursed to first priority reimbursement Xxxxx Fargo in pursuant to Section 2.05 hereof for 2.05(b) below.
(b) If at the time Countrywide becomes successor servicer under the Pooling and Servicing Agreement, Delta has any unreimbursed Monthly Advances or Servicing Advances (i) from recoveries outstanding, Countrywide agrees to remit all such unreimbursed Monthly Advances or Servicing Advances to Delta out of collections on the related Mortgage Loan, including monthly collections, Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts that the "Servicer" is permitted to collect from the related Mortgagor (ii) from all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) and (iii) from Owner on each Transfer Date otherwise relating to the Mortgage Loan in respect of which such reimbursed amounts are owed prior to reimbursing itself for any Monthly Advance or Servicing Advance Countrywide makes with respect to the related Mortgage Loan. Owner Any funds due to Delta shall pay the Servicer on each Remittance Date Cost of Funds in connection with any Servicing Advances accrued through and including the last day of the month prior be remitted to the Remittance Date.
(1) the Servicer shall apply principal collections from the same Due Period (i.e., January collections would reduce January draws); (2) the Servicer shall notify the Master Servicer it on the Remittance Date of day on which the net amount of Draws due to the Servicer as of the end of the prior Due Period and the Master Servicer or Securities Administrator shall remit available principal collections on the next Distribution Date in respect of any mortgages forming part of the mortgage pool (including mortgages which are not HELOC Mortgage Loans) in an amount equal to unreimbursed draws due to the "Servicer; (3) the Master Servicer will notify the Class G Certificateholder of any amounts due to the Servicer after application of amounts in clauses (1) and (2) and the Class G Certificateholder shall be " is required to remit funds to the Master Servicer or Securities Administrator any amount due up to an amount set forth in the Indenture (i. e., the 0.5% limitation) and the Master Servicer or Securities Administrator shall remit such amounts Trustee pursuant to the Servicer on the Distribution Date; Pooling and (4) to the extent that the Class G Certificateholder does not remit any amounts due to the Servicer because the total funding limit permitted in respect of the Class G Certificateholder has been reached or an Amortization Event has occurred, MLML (or Countrywide if mutually agreed to by MLML and Countrywide) shall remit such amounts, as a funding of the Excluded Amounts, to the Servicer either directly or as holder of the Class G Certificate through the trust or other issuing entity related to the Securitization Transfer; provided, that if the Servicer has been notified that an Amortization Event is in effect, the Servicer shall be reimbursed pursuant to clause (4). MLML agrees that if it fails to fulfill its obligation as the Class G Certificateholder to advance amounts owed to the trust for reimbursement to the Servicer, that the Servicer may enforce such obligation directly against MLML. MLML shall wire such unpaid HELOC Draw Advances within ten (10) days of Servicer's request for reimbursement. MLML shall pay Servicer Cost of Funds in connection with any unpaid HELOC Draw Advances (to the extent all reimbursement remedies have been exhausted as set forth herein) not reimbursed to Servicer on each Remittance DateServicing Agreement.
Appears in 1 contract
Samples: Agreement to Act as Backup Servicer (Delta Financial Corp)
Reimbursement of Advances. Except as otherwise provided hereinSubject to this Agreement, Purchaser shall reimburse Seller for the Servicer shall be entitled to first priority reimbursement pursuant to Section 2.05 hereof for Servicing outstanding Advances (i) from recoveries other than Advances funded from the related Mortgagor (iiamounts in the Custodial Account) from all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) and (iii) from Owner on each as of the Transfer Date with respect to the related Mortgage Loan. Owner shall pay the Servicer on each Remittance Date Cost Loans, by wire transfer of Funds in connection with any Servicing Advances accrued through and including the last day immediately available funds, within five (5) Business Days after Purchaser’s verification of (i) loan level Advance balances as of the month prior Transfer Date, (ii) information reflecting the date or period such Advances were made, (iii) loan level information related to the Remittance Date.
(1) the Servicer shall apply principal collections from the same Due Period type (i.e., January collections would reduce January drawsdelinquency, tax, insurance, attorney fees, property inspection, etc.) and disbursement history of each Advance (which may be in electronic format); , (2iv) reasonable, customary and required documentation and support sufficient to reasonably enable Purchaser or Purchaser’s designee to make an assessment of the eligibility of the Advances for reimbursement by an Investor or Insurers pursuant to Applicable Requirements, (v) with respect to P & I Advances, information necessary to confirm and reconcile the test of expected principal and interest and (vi) the Servicer documents in the related Mortgage File necessary to support such Advances. Notwithstanding the foregoing, Seller may net T & I Advances from Custodial Funds representing escrow funds pursuant to Section 3.4. Purchaser shall notify use reasonable efforts to complete such verification 14 within thirty (30) days of receipt of such documentation from Seller. To the Master Servicer on extent Seller subsequently recovers any Advances, Seller shall remit such recoveries to Purchaser within five (5) Business Days of receipt thereof. For the Remittance Date avoidance of the net amount doubt, Purchaser shall not have any obligation to reimburse Seller for any Advance or portion of Draws due any Advance except to the Servicer extent such Advance or portion of such Advance is reimbursable by or recoverable from the applicable Agency pursuant to Applicable Requirements. Notwithstanding any provisions in this Agreement to the contrary, Purchaser shall not reimburse Seller for any Corporate Advances for Mortgage Loans that are less than thirty (30) days delinquent as of the end of the prior Due Period and the Master Servicer or Securities Administrator shall remit available principal collections on the next Distribution Date in respect of any mortgages forming part of the mortgage pool (including mortgages which are not HELOC Mortgage Loans) in an amount equal to unreimbursed draws due to the Servicer; (3) the Master Servicer will notify the Class G Certificateholder of any amounts due to the Servicer after application of amounts in clauses (1) and (2) and the Class G Certificateholder shall be required to remit to the Master Servicer or Securities Administrator any amount due up to an amount set forth in the Indenture (i. e., the 0.5% limitation) and the Master Servicer or Securities Administrator shall remit such amounts to the Servicer on the Distribution Transfer Date; and (4) to the extent that the Class G Certificateholder does not remit any amounts due to the Servicer because the total funding limit permitted in respect of the Class G Certificateholder has been reached or an Amortization Event has occurred, MLML (or Countrywide if mutually agreed to by MLML and Countrywide) shall remit such amounts, as a funding of the Excluded Amounts, to the Servicer either directly or as holder of the Class G Certificate through the trust or other issuing entity related to the Securitization Transfer; provided, that if the Servicer has been notified that an Amortization Event is in effecthowever, the Servicer foregoing shall be reimbursed pursuant not apply to clause (4). MLML agrees Advances that if it fails to fulfill its obligation are pending reimbursement from the related Investor as of the Class G Certificateholder to advance amounts owed to the trust for reimbursement to the Servicer, that the Servicer may enforce such obligation directly against MLML. MLML shall wire such unpaid HELOC Draw Advances within ten (10) days of Servicer's request for reimbursement. MLML shall pay Servicer Cost of Funds in connection with any unpaid HELOC Draw Advances (to the extent all reimbursement remedies have been exhausted as set forth herein) not reimbursed to Servicer on each Remittance Transfer Date.
Appears in 1 contract
Samples: Bulk Servicing Rights Purchase and Sale Agreement (Ocwen Financial Corp)
Reimbursement of Advances. Except as otherwise provided hereinNotwithstanding the foregoing, the Servicer shall Advancing Agent and the Trustee will each be entitled on each Payment Date to first priority reimbursement pursuant to Section 2.05 hereof for Servicing of any Interest Advance made by it, together with interest thereon, in accordance with this paragraph. Interest Advances (i) and interest thereon, will be reimbursable from recoveries from the related Mortgagor (ii) from all Liquidation Proceeds payments and other payments collections on all Collateral Interests, including in the form of related proceeds consisting of liquidation proceeds, insurance proceeds and condemnation proceeds, in any event on or recoveries (including Insurance Proceeds in respect of such Collateral Interests or, to the extent allocated and Condemnation Proceeds) and (iii) from Owner on each Transfer Date with respect paid to the Issuer as the holder of a Collateral Interest, the related Mortgage LoanProperty. Owner shall pay Prior to an Interest Advance being determined to be a Nonrecoverable Interest Advance, (a) the Servicer Advancing Agent and the Trustee will each be entitled on each Remittance a Payment Date Cost to reimbursement of Funds in connection with any Servicing Advances accrued through and including the last day of the month prior such Interest Advance from Interest Proceeds to the Remittance extent such reimbursement would not trigger an additional Interest Shortfall on such Payment Date.
, (1b) such right of reimbursement will be junior in priority to the Servicer shall apply principal collections from the same Due Period (i.e., January collections would reduce January draws); (2) the Servicer shall notify the Master Servicer payment of interest due on the Remittance Date of the net amount of Draws due to the Servicer as of the end of the prior Due Period and the Master Servicer or Securities Administrator shall remit available principal collections on the next Distribution Date in respect of any mortgages forming part of the mortgage pool (including mortgages which are not HELOC Mortgage Loans) in an amount equal to unreimbursed draws due to the Servicer; (3) the Master Servicer will notify the Class G Certificateholder of any amounts due to the Servicer after application of amounts in clauses (1) and (2) A Notes and the Class G Certificateholder shall B Notes on such Payment Date, and (c) if Interest Proceeds are insufficient to reimburse the Advancing Agent or the Trustee, as applicable, for all such unreimbursed Interest Advances on such Payment Date in accordance with the foregoing, then the Advancing Agent and the Trustee, as applicable, will be required entitled on such Payment Date to remit reimbursement from Principal Proceeds to the Master Servicer or Securities Administrator any amount due up extent of such shortfall without regard to an amount the priorities set forth in the Indenture (i. e.Priority of Payments above. Notwithstanding the foregoing, if at any time an Interest Advance made by the 0.5% limitation) Advancing Agent or the Trustee is determined to be a Nonrecoverable Interest Advance, then the Advancing Agent and the Master Servicer Trustee each will be entitled to recover all such outstanding Interest Advances made by such party, together with interest thereon, prior to any payment of interest or Securities Administrator shall remit such amounts to the Servicer principal on the Distribution Date; and (4) to the extent that the Class G Certificateholder does not remit any amounts due to the Servicer because the total funding limit permitted in respect of the Class G Certificateholder has been reached or an Amortization Event has occurred, MLML (or Countrywide if mutually agreed to by MLML and Countrywide) shall remit such amounts, as a funding of the Excluded Amounts, to the Servicer either directly or as holder of the Class G Certificate through the trust or other issuing entity related to the Securitization TransferNotes; provided, that if reimbursement for Nonrecoverable Interest Advances will be made (i) first, from Interest Proceeds and (ii) second, from Principal Proceeds. Xxxxxxx used for the Servicer has been notified that an Amortization Event is reimbursement of Nonrecoverable Interest Advances and interest thereon will not be included in effect, the Servicer shall Available Distribution Amount for any Payment Date. The Advancing Agent will be reimbursed pursuant entitled to clause (4). MLML agrees that if it fails to fulfill its obligation as reimbursement from the Class G Certificateholder to advance amounts owed to the trust for reimbursement to the Servicer, that the Servicer may enforce such obligation directly against MLML. MLML shall wire such unpaid HELOC Draw Advances within ten (10) days Trustee in respect of Servicer's request for reimbursement. MLML shall pay Servicer Cost of Funds in connection with any unpaid HELOC Draw Advances (to the extent all reimbursement remedies have been exhausted as set forth herein) not reimbursed to Servicer collections on each Remittance DateCollateral Interests.
Appears in 1 contract
Samples: Indenture (CBRE Realty Finance Inc)
Reimbursement of Advances. Except (a) For and in consideration of (i) the sale of the Seller's rights in the Servicing Rights to the Purchaser pursuant to Section 2.01 and the appointment of the Purchaser as otherwise provided hereinsubservicer of the Securitized Portfolio pursuant to Section 2.05 and (ii) rights to reimbursement in respect of Advances as described in this Agreement, the Servicer Purchaser agrees, subject to this Agreement, to reimburse the Sellers for Advances as provided for in this Section 2.02 and to fund Advances as provided for in Section 6.01. Notwithstanding the method of calculation, the parties agree that the consideration is not allocated solely to the Advances. The parties hereto further agree that the components of the transactions contemplated by this Agreement are bargained for as an inseparable whole.
(b) On the Advance Funding Date, the Purchaser agrees to reimburse the Sellers for 90% of the amount of the unreimbursed Advances previously made by the Sellers which were outstanding as of the Cut-off Date, which the Purchaser and Sellers reasonably believe will be recoverable in accordance with the terms of the related P&S Agreement or the Servicing Agreement, as applicable. Notwithstanding anything in this section to the contrary, the Purchaser shall not reimburse the Sellers for any unreimbursed but reimbursable Advances which constitute Monthly Advances pursuant to the P&S Agreements, which amounts were netted from the amounts in the related Collection Accounts remitted to the Trustee. Metwest shall, within two (2) Business Days prior to the Advance Funding Date, provide to the Purchaser evidence of the dollar amount of all Advances as of the Cut-off Date, broken down by P&S Agreement in the case of the Securitized Portfolio and by Owner in the case of the Non-Securitized Portfolio. As soon as practical following the applicable Transfer Date, but in no event more than fifteen (15) Business Days following such Transfer Date, the Purchaser and Metwest, on behalf of the Sellers, shall reconcile the actual amount of related Advances that were outstanding as of the Cut-off Date and the recoverability status of such Advances and make any monetary adjustments to the amount required to be reimbursed to the Sellers. Following such reconciliation, the remaining ten percent (10%) of the reimbursable Advance amount shall be paid to the Sellers, as adjusted to reflect any monetary adjustments required to be made relating to such Advances as a result of such reconciliation. Subject to the provisions of Sections 2.01(c) and 6.01 hereof, the Purchaser shall be entitled to first priority reimbursement pursuant to Section 2.05 hereof the full amount of any reimbursements for Servicing any Advances (i) from recoveries from or Ancillary Income that are received on or after the related Mortgagor (ii) from all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) and (iii) from Owner on each Transfer Date with respect to the related Mortgage Loan. Owner shall pay the Servicer on each Remittance Date Cost of Funds in connection with any Servicing Advances accrued through and including the last day of the month prior to the Remittance Cut-off Date.
(1c) In connection with the Servicer reimbursement by the Purchaser of Advances pursuant to this Section 2.02, the Sellers agree to (i) enter into an advance purchase or assignment agreement with the Purchaser or its designee pursuant to which the Advances shall apply principal collections be sold by the Sellers to the Purchaser, (ii) prepare, execute and deliver to the Purchaser on or prior to the Advance Funding Date, at its own expense, financing statements relating to such Advances suitable to reflect the transfer of accounts and general intangibles and as are necessary to perfect the sale, transfer and assignment of such Advances from the same Due Period (i.e., January collections would reduce January draws); (2) the Servicer shall notify the Master Servicer on the Remittance Date of the net amount of Draws due Sellers to the Servicer as Purchaser or its designee, (iii) deliver UCC lien searches and an opinion of counsel regarding perfection and priority to provide satisfactory evidence to the end of Purchaser that the prior Due Period Advances are being transferred to the Purchaser or its designee free and the Master Servicer or Securities Administrator shall remit available principal collections on the next Distribution Date in respect clear of any mortgages forming part of the mortgage pool (including mortgages which are not HELOC Mortgage Loans) in an amount equal to unreimbursed draws due to the Servicer; (3) the Master Servicer will notify the Class G Certificateholder of any amounts due to the Servicer after application of amounts in clauses (1) liens and (2iv) enter into such other agreements and provide such certifications, opinions and other documentation reasonably requested by the Class G Certificateholder shall be required to remit to the Master Servicer Purchaser or Securities Administrator any amount due up to an amount set forth in the Indenture (i. e., the 0.5% limitation) and the Master Servicer or Securities Administrator shall remit such amounts to the Servicer on the Distribution Date; and (4) to the extent that the Class G Certificateholder does not remit any amounts due to the Servicer because the total funding limit permitted in respect of the Class G Certificateholder has been reached or an Amortization Event has occurred, MLML (or Countrywide if mutually agreed to by MLML and Countrywide) shall remit such amounts, as a funding of the Excluded Amounts, to the Servicer either directly or as holder of the Class G Certificate through the trust or other issuing entity related to the Securitization Transfer; provided, that if the Servicer has been notified that an Amortization Event is in effect, the Servicer shall be reimbursed pursuant to clause (4). MLML agrees that if it fails to fulfill its obligation as the Class G Certificateholder to advance amounts owed to the trust for reimbursement to the Servicer, that the Servicer may enforce such obligation directly against MLML. MLML shall wire such unpaid HELOC Draw Advances within ten (10) days of Servicer's request for reimbursement. MLML shall pay Servicer Cost of Funds designee in connection with any unpaid HELOC Draw the consummation of the reimbursement of Advances (to the extent all reimbursement remedies have been exhausted as set forth herein) not reimbursed to Servicer on each Remittance Datedescribed in this Section 2.02.
Appears in 1 contract
Samples: Servicing Rights Purchase Agreement (Metropolitan Mortgage & Securities Co Inc)
Reimbursement of Advances. Except (a) If at the time the Company becomes successor servicer under the Pooling and Servicing Agreement, Pooling Trustee has any unreimbursed Monthly Advances or Servicing Advances outstanding, the Company agrees to pay to Pooling Trustee within thirty (30) days of the date on which the Company is appointed as otherwise provided successor servicer, an amount equal to the unreimbursed Monthly Advances or Servicing Advances that have been made by Pooling Trustee to the Trust. Pooling Trustee shall provide the Company with a certificate of an officer of Pooling Trustee that certifies and sets forth the amount of the Monthly Advances and Servicing Advances made by Pooling Trustee to the Trust. Notwithstanding anything to the contrary herein, the Servicer Company shall not reimburse Pooling Trustee in the manner contemplated in the Section 2.05(a), for any Monthly Advances or Servicing Advances owed to Pooling Trustee as the result of Pooling Trustee's reimbursement of Delta for any Monthly Advances or Servicing Advances made by Delta. Such advances will be entitled reimbursed to first priority reimbursement Pooling Trustee in pursuant to Section 2.05 hereof for 2.05(b) below.
(b) If at the time the Company becomes successor servicer under the Pooling and Servicing Agreement, Delta has any unreimbursed Monthly Advances or Servicing Advances (i) from recoveries outstanding, the Company agrees to remit all such unreimbursed Monthly Advances or Servicing Advances to Delta out of collections on the related Mortgage Loan, including monthly collections, Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts that the "Servicer" is permitted to collect from the related Mortgagor (ii) from all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) and (iii) from Owner on each Transfer Date otherwise relating to the Mortgage Loan in respect of which such reimbursed amounts are owed prior to reimbursing itself for any Monthly Advance or Servicing Advance the Company makes with respect to the related Mortgage Loan. Owner Any funds due to Delta shall pay the Servicer on each Remittance Date Cost of Funds in connection with any Servicing Advances accrued through and including the last day of the month prior be remitted to the Remittance Date.
(1) the Servicer shall apply principal collections from the same Due Period (i.e., January collections would reduce January draws); (2) the Servicer shall notify the Master Servicer it on the Remittance Date of day on which the net amount of Draws due to the Servicer as of the end of the prior Due Period and the Master Servicer or Securities Administrator shall remit available principal collections on the next Distribution Date in respect of any mortgages forming part of the mortgage pool (including mortgages which are not HELOC Mortgage Loans) in an amount equal to unreimbursed draws due to the "Servicer; (3) the Master Servicer will notify the Class G Certificateholder of any amounts due to the Servicer after application of amounts in clauses (1) and (2) and the Class G Certificateholder shall be " is required to remit funds to the Master Servicer or Securities Administrator any amount due up to an amount set forth in the Indenture (i. e., the 0.5% limitation) and the Master Servicer or Securities Administrator shall remit such amounts Trustee pursuant to the Servicer on the Distribution Date; Pooling and (4) to the extent that the Class G Certificateholder does not remit any amounts due to the Servicer because the total funding limit permitted in respect of the Class G Certificateholder has been reached or an Amortization Event has occurred, MLML (or Countrywide if mutually agreed to by MLML and Countrywide) shall remit such amounts, as a funding of the Excluded Amounts, to the Servicer either directly or as holder of the Class G Certificate through the trust or other issuing entity related to the Securitization Transfer; provided, that if the Servicer has been notified that an Amortization Event is in effect, the Servicer shall be reimbursed pursuant to clause (4). MLML agrees that if it fails to fulfill its obligation as the Class G Certificateholder to advance amounts owed to the trust for reimbursement to the Servicer, that the Servicer may enforce such obligation directly against MLML. MLML shall wire such unpaid HELOC Draw Advances within ten (10) days of Servicer's request for reimbursement. MLML shall pay Servicer Cost of Funds in connection with any unpaid HELOC Draw Advances (to the extent all reimbursement remedies have been exhausted as set forth herein) not reimbursed to Servicer on each Remittance DateServicing Agreement.
Appears in 1 contract
Samples: Indenture (Delta Financial Corp)
Reimbursement of Advances. Except (a) If at the time Countrywide becomes successor servicer under the Pooling and Servicing Agreement, Xxxxx Fargo has any unreimbursed Monthly Advances or Servicing Advances outstanding, Countrywide agrees to pay to Xxxxx Fargo within thirty (30) days of the date on which Countrywide is appointed as otherwise provided successor servicer, an amount equal to the unreimbursed Monthly Advances or Servicing Advances that have been made by Xxxxx Fargo to the Trust. Xxxxx Fargo shall provide Countrywide with a certificate of an officer of Xxxxx Fargo that certifies and sets forth the amount of the Monthly Advances and Servicing Advances made by Xxxxx Fargo to the Trust. Notwithstanding anything to the contrary herein, Countrywide shall not reimburse Xxxxx Fargo in the Servicer shall manner contemplated in the Section 2.05(a), for any Monthly Advances or Servicing Advances owed to Xxxxx Fargo as the result of Xxxxx Fargo’s reimbursement of Delta for any Monthly Advances or Servicing Advances made by Delta. Such advances will be entitled reimbursed to first priority reimbursement Xxxxx Fargo in pursuant to Section 2.05 hereof for 2.05(b) below.
(b) If at the time Countrywide becomes successor servicer under the Pooling and Servicing Agreement, Delta has any unreimbursed Monthly Advances or Servicing Advances (i) from recoveries outstanding, Countrywide agrees to remit all such unreimbursed Monthly Advances or Servicing Advances to Delta out of collections on the related Mortgage Loan, including monthly collections, Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts that the "Servicer" is permitted to collect from the related Mortgagor (ii) from all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) and (iii) from Owner on each Transfer Date otherwise relating to the Mortgage Loan in respect of which such reimbursed amounts are owed prior to reimbursing itself for any Monthly Advance or Servicing Advance Countrywide makes with respect to the related Mortgage Loan. Owner Any funds due to Delta shall pay the Servicer on each Remittance Date Cost of Funds in connection with any Servicing Advances accrued through and including the last day of the month prior be remitted to the Remittance Date.
(1) the Servicer shall apply principal collections from the same Due Period (i.e., January collections would reduce January draws); (2) the Servicer shall notify the Master Servicer it on the Remittance Date of day on which the net amount of Draws due to the Servicer as of the end of the prior Due Period and the Master Servicer or Securities Administrator shall remit available principal collections on the next Distribution Date in respect of any mortgages forming part of the mortgage pool (including mortgages which are not HELOC Mortgage Loans) in an amount equal to unreimbursed draws due to the "Servicer; (3) the Master Servicer will notify the Class G Certificateholder of any amounts due to the Servicer after application of amounts in clauses (1) and (2) and the Class G Certificateholder shall be " is required to remit funds to the Master Servicer or Securities Administrator any amount due up to an amount set forth in the Indenture (i. e., the 0.5% limitation) and the Master Servicer or Securities Administrator shall remit such amounts Trustee pursuant to the Servicer on the Distribution Date; Pooling and (4) to the extent that the Class G Certificateholder does not remit any amounts due to the Servicer because the total funding limit permitted in respect of the Class G Certificateholder has been reached or an Amortization Event has occurred, MLML (or Countrywide if mutually agreed to by MLML and Countrywide) shall remit such amounts, as a funding of the Excluded Amounts, to the Servicer either directly or as holder of the Class G Certificate through the trust or other issuing entity related to the Securitization Transfer; provided, that if the Servicer has been notified that an Amortization Event is in effect, the Servicer shall be reimbursed pursuant to clause (4). MLML agrees that if it fails to fulfill its obligation as the Class G Certificateholder to advance amounts owed to the trust for reimbursement to the Servicer, that the Servicer may enforce such obligation directly against MLML. MLML shall wire such unpaid HELOC Draw Advances within ten (10) days of Servicer's request for reimbursement. MLML shall pay Servicer Cost of Funds in connection with any unpaid HELOC Draw Advances (to the extent all reimbursement remedies have been exhausted as set forth herein) not reimbursed to Servicer on each Remittance DateServicing Agreement.
Appears in 1 contract
Samples: Agreement to Act as Backup Servicer (Delta Financial Corp)
Reimbursement of Advances. Except as otherwise provided hereinOn the Closing Date, the Servicer Purchaser agrees to reimburse the Seller for 90% of the amount of the unreimbursed Advances made by the Seller which were outstanding as of the date which is three (3) Business Days prior to the Closing Date, which were made pursuant to the terms of any MBS Servicing Agreement and are recoverable under the terms of such MBS Servicing Agreement. The Seller shall, within two (2) Business Days after the Closing Date, provide to the Purchaser evidence of the dollar amount of all Advances as of the Closing Date, broken down by MBS Servicing Agreement, made by the Seller as servicer which had not been previously reimbursed. As soon as practical following the Transfer Date, but in no event more than fifteen (15) Business Days following the Transfer Date, the Purchaser and Seller shall reconcile the actual amount of Advances that were outstanding as of the Closing Date and the recoverability status of such Advances under the terms of any MBS Servicing Agreement and make any monetary adjustments to the amount required to be reimbursed to the Seller. Following such reconciliation, the remaining ten percent (10%) of the reimbursable Advance amount due the Seller shall be paid to the Seller, as adjusted to reflect any monetary adjustments required to be made as a result of such reconciliation. To the extent that such remaining ten percent (10%) is not sufficient to compensate the Purchaser in connection with such reconciliation, the Seller shall refund to the Purchaser such price differential within three (3) Business Days of a request therefor from the Purchaser. The foregoing true-up is anticipated to be completed within 15 Business Days following the Transfer Date on which date any payment required hereunder shall be made. The Purchaser shall be entitled to first priority reimbursement pursuant retain the full amount of any reimbursements for any Advances that are received following the Cut-off Date and all Ancillary Income and Servicing Fees received after the Cut-off Date; provided that, the Seller shall be entitled to Section 2.05 hereof for Servicing Advances (i) from recoveries from the related Mortgagor (ii) from all Liquidation Proceeds and other payments retain any investment earnings on any Collection Account, distribution account or recoveries (including Insurance Proceeds and Condemnation Proceeds) and (iii) from Owner on each Transfer Date with respect to the related Mortgage Loan. Owner shall pay the Servicer on each Remittance Date Cost of Funds in connection with any Servicing Advances accrued through and including the last day of the month REO account which accrues prior to the Remittance Cut-off Date.
(1) the Servicer shall apply principal collections from the same Due Period (i.e., January collections would reduce January draws); (2) the Servicer shall notify the Master Servicer on the Remittance Date of the net amount of Draws due to the Servicer as of the end of the prior Due Period and the Master Servicer or Securities Administrator shall remit available principal collections on the next Distribution Date in respect of any mortgages forming part of the mortgage pool (including mortgages which are not HELOC Mortgage Loans) in an amount equal to unreimbursed draws due to the Servicer; (3) the Master Servicer will notify the Class G Certificateholder of any amounts due to the Servicer after application of amounts in clauses (1) and (2) and the Class G Certificateholder shall be required to remit to the Master Servicer or Securities Administrator any amount due up to an amount set forth in the Indenture (i. e., the 0.5% limitation) and the Master Servicer or Securities Administrator shall remit such amounts to the Servicer on the Distribution Date; and (4) to the extent that the Class G Certificateholder does not remit any amounts due to the Servicer because the total funding limit permitted in respect of the Class G Certificateholder has been reached or an Amortization Event has occurred, MLML (or Countrywide if mutually agreed to by MLML and Countrywide) shall remit such amounts, as a funding of the Excluded Amounts, to the Servicer either directly or as holder of the Class G Certificate through the trust or other issuing entity related to the Securitization Transfer; provided, that if the Servicer has been notified that an Amortization Event is in effect, the Servicer shall be reimbursed pursuant to clause (4). MLML agrees that if it fails to fulfill its obligation as the Class G Certificateholder to advance amounts owed to the trust for reimbursement to the Servicer, that the Servicer may enforce such obligation directly against MLML. MLML shall wire such unpaid HELOC Draw Advances within ten (10) days of Servicer's request for reimbursement. MLML shall pay Servicer Cost of Funds in connection with any unpaid HELOC Draw Advances (to the extent all reimbursement remedies have been exhausted as set forth herein) not reimbursed to Servicer on each Remittance Date.
Appears in 1 contract
Samples: Servicing Rights Purchase Agreement (New Century Financial Corp)
Reimbursement of Advances. Except as otherwise provided herein(a) On the Transfer Date, the Servicer Purchaser agrees to reimburse the Seller for 90% of the amount of the unreimbursed Advances which were outstanding as of the Preliminary Pricing Cut-off Date, which were made pursuant to the terms of any Servicing Agreement and which the Purchaser reasonably believes will be recoverable in accordance with the terms of such Servicing Agreement. Notwithstanding anything in this section to the contrary, the Purchaser shall not reimburse the Seller for any unreimbursed but reimbursable Advances which constitute principal and interest advances pursuant to the Pooling and Servicing Agreements or principal advances pursuant to the Participation Agreements which amounts may be netted from the amount of the Collection Accounts remitted to the Purchaser pursuant to Section 4.01(e)(1). The Seller shall, within two (2) Business Days after the Transfer Date, provide to the Purchaser evidence of the dollar amount of all Advances as of the Preliminary Pricing Cut-off Date, broken down by Servicing Agreement, made by the Seller as servicer which have not been previously reimbursed. As soon as practical following the Transfer Date the Purchaser and Seller shall reconcile the actual amount of Advances that were outstanding as of the Transfer Date and the recoverability status of such Advances and make any monetary adjustments to the amount required to be reimbursed to the Seller. Following such reconciliation, the remaining ten percent (10%) of the reimbursable Advance amount shall be paid to the Seller, as adjusted to reflect any monetary adjustments required to be made as a result of such reconciliation. To the extent that such remaining ten percent (10%) is not sufficient to compensate the Purchaser in connection with such reconciliation, the Seller shall refund to the Purchaser such price differential within three (3) Business Days of a request therefor from the Purchaser. The foregoing true-up is anticipated to be completed within 15 Business Days following the Transfer Date on which date any payment required hereunder shall be made. The Purchaser shall be entitled to first priority reimbursement pursuant to Section 2.05 hereof retain the full amount of any reimbursements for Servicing any Advances (i) from recoveries from or Uncollected Late Charges that are received following the related Mortgagor (ii) from all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) and (iii) from Owner on each Transfer Date with respect to the related Mortgage Loan. Owner shall pay the Servicer on each Remittance Date Cost of Funds in connection with any Servicing Advances accrued through and including the last day of the month prior to the Remittance Date.
(1) the Servicer shall apply principal collections from the same Due Period (i.e., January collections would reduce January draws); (2) the Servicer shall notify the Master Servicer on the Remittance Date of the net amount of Draws due to the Servicer as of the end of the prior Due Period and the Master Servicer or Securities Administrator shall remit available principal collections on the next Distribution Date in respect of any mortgages forming part of the mortgage pool (including mortgages which are not HELOC Mortgage Loans) in an amount equal to unreimbursed draws due to the Servicer; (3) the Master Servicer will notify the Class G Certificateholder of any amounts due to the Servicer after application of amounts in clauses (1) and (2) and the Class G Certificateholder shall be required to remit to the Master Servicer or Securities Administrator any amount due up to an amount set forth in the Indenture (i. e., the 0.5% limitation) and the Master Servicer or Securities Administrator shall remit such amounts to the Servicer on the Distribution Date; and (4) to the extent that the Class G Certificateholder does not remit any amounts due to the Servicer because the total funding limit permitted in respect of the Class G Certificateholder has been reached or an Amortization Event has occurred, MLML (or Countrywide if mutually agreed to by MLML and Countrywide) shall remit such amounts, as a funding of the Excluded Amounts, to the Servicer either directly or as holder of the Class G Certificate through the trust or other issuing entity related to the Securitization Transfer; provided, that if the Servicer has been notified that an Amortization Event is in effect, the Servicer shall be reimbursed pursuant to clause (4). MLML agrees that if it fails to fulfill its obligation as the Class G Certificateholder to advance amounts owed to the trust for reimbursement to the Servicer, that the Servicer may enforce such obligation directly against MLML. MLML shall wire such unpaid HELOC Draw Advances within ten (10) days of Servicer's request for reimbursement. MLML shall pay Servicer Cost of Funds in connection with any unpaid HELOC Draw Advances (to the extent all reimbursement remedies have been exhausted as set forth herein) not reimbursed to Servicer on each Remittance Date.
Appears in 1 contract
Samples: Servicing Rights Purchase Agreement (First Alliance Corp /De/)