Common use of Reserve Funds Clause in Contracts

Reserve Funds. No later than the Closing Date, the Trustee will establish and maintain Reserve Fund I and Reserve Fund II. On the Closing Date the Senior Underwriter shall deposit with the Trustee, and the Trustee shall deposit into Reserve Fund I, cash in an amount equal to the Reserve Fund I Deposit and deposit into Reserve Fund II, cash in an amount equal to the Reserve Fund II Deposit. The Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund I for deposit into the Certificate Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of such withdrawal for any Distribution Date, the "Reserve Fund I Withdrawal"). In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Reserve Fund II (the amount of such withdrawal for any Distribution Date, the "Reserve Fund II Withdrawal"). For federal income tax purposes, the Senior Underwriter shall be the owner of Reserve Fund I and Reserve Fund II and shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to the contrary, Reserve Fund I and Reserve Fund II shall not be an asset of any REMIC. Reserve Fund I and Reserve Fund II shall be invested in Permitted Investments at the direction of the Senior Underwriter. All income and gain realized from investment of funds deposited in the Reserve Fund I shall be deposited in the Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments shall be deposited in the related Reserve Fund by the Senior Underwriter out of its own funds immediately as realized without any right of reimbursement. The balance, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC and (2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one person.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Accredit Loans Inc)

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Reserve Funds. No later than (a) On the Closing Date, the Trustee will shall establish and maintain in the Trustee's name, in trust for the benefit of the holders of the Group 1 LIBOR Certificates and the Group 1-X Certificates, the Group 1 Reserve Fund I and Reserve Fund IIFund, into which the Depositor shall deposit $10,000. On the Closing Date the Senior Underwriter shall deposit with the TrusteeDate, and the Trustee shall establish and maintain in the Trustee's name, in trust for the benefit of the holders of the Group 2 LIBOR Certificates and the Group 2-X Certificates, the Group 2 Reserve Fund, into which the Depositor shall deposit into $10,000. Each Reserve Fund I, cash in shall be an amount equal to the Reserve Fund I Deposit and deposit into Reserve Fund II, cash in an amount equal to the Reserve Fund II Deposit. The Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund I for deposit into the Certificate Eligible Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of such withdrawal for any Distribution Date, the "Reserve Fund I Withdrawal"). In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, and to pay to the holders of any Retail Certificates held pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in this Agreement. The Reserve Fund II (the amount of such withdrawal for any Distribution Date, the "Reserve Fund II Withdrawal"). For federal income tax purposes, the Senior Underwriter shall be the owner of Reserve Fund I and Reserve Fund II and shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to the contrary, Reserve Fund I and Reserve Fund II Funds shall not be an asset of any REMIC. REMIC established hereby. (b) The Group 1 Reserve Fund I will be comprised of three Sub-Accounts: the "Class 1-X-1 Sub-Account," "Class 1-X-2 Sub-Account" and "Class 1-X-B Sub-Account." On each Distribution Date, (i) Current Interest that would otherwise be distributable with respect to the Class 1-X-1A and Class 1-X-1B Certificates, to the extent of funds available therefor, shall instead be deposited in the Class 1-X-1 Sub-Account to the extent of the applicable Class 1-X-1A/1B Required Reserve Fund II Deposit, (ii) Current Interest that would otherwise be distributable with respect to the Class 1-X-2 Certificates, to the extent of funds available therefor, shall instead be deposited in the Class 1-X-2 Sub-Account to the extent of the Class 1-X-2 Required Reserve Fund Deposit and (iii) Current Interest that would otherwise be distributable with respect to the Class 1-X-B Certificates, to the extent of funds available therefor, shall instead be deposited in the Class 1-X-B Sub-Account to the extent of the Class 1-X-B Required Reserve Fund Deposit. The Group 2 Reserve Fund will be comprised of three Sub-Accounts: the "Class 2-X-1 Sub-Account," "Class 2-X-M Sub-Account" and "Class 2-X-B Sub-Account." On each Distribution Date, (i) Current Interest that would otherwise be distributable with respect to the Class 2-X-1 Certificates, to the extent of funds available therefor, shall instead be deposited in the Class 2-X-1 Sub-Account to the extent of the applicable Class 2-X-1 Required Reserve Fund Deposit, (ii) Current Interest that would otherwise be distributable with respect to the Class 2-X-M Certificates, to the extent of funds available therefor, shall instead be deposited in the Class 2-X-M Sub-Account to the extent of the Class 2-X-M Required Reserve Fund Deposit and (iii) Current Interest that would otherwise be distributable with respect to the Class 2-X-B Certificates, to the extent of funds available therefor, shall instead be deposited in the Class 2-X-B Sub-Account to the extent of the Class 2-X-B Required Reserve Fund Deposit. (c) On any Distribution Date for which a Net WAC Shortfall exists with respect to the Class 1-A-1, Class 1-A-2, Class 2-A-1 and Class 2-M-1 Certificates, the Trustee shall withdraw from the Class 1-X-1 Sub-Account, Class 1-X-2 Sub-Account, Class 2-X-1 Sub-Account and Class 2-X-M Sub-Account, respectively, the amount of such Net WAC Shortfall for distribution on such Distribution Date pursuant to Section 5.02(f). (d) On any Distribution Date for which a Net WAC Shortfall exists with respect to the Class 1-B-1 and Class 2-B-1 Certificates, the Trustee shall withdraw from the Class 1-X-B Sub-Account and Class 2-X-B Sub-Account, respectively, the amount of such Net WAC Shortfall for distribution on such Distribution Date pursuant to Section 5.02(f). (e) Funds in each of the Sub-Accounts shall be invested in Permitted Investments at the direction of the Senior UnderwriterInvestments. All income and gain realized from investment of funds deposited Any earnings on amounts in the Reserve Fund I Class 1-X-1 Sub-Account shall be deposited in the Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income Class 1-X-1A and gain realized from investment of funds deposited Class 1-X-1B Certificateholders. Any earnings on amounts in the Reserve Fund II Class 1-X-2 Sub-Account and Class 1-X-B Sub-Account shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund IIClass 1-X-2 and Class 1-X-B Certificateholders, respectively. Any earnings on amounts in the Class 2-X-1 Sub-Account, Class 2-X-M Sub-Account and Class 2-X-B Sub-Account shall be for the benefit of the Class 2-X-1, Class 2-X-M and Class 2-X-B Certificateholders, respectively. The Interest-Only Certificates shall evidence ownership of the related Sub-Account for federal income tax purposes and the Holders thereof shall direct the Trustee, in writing, as to investment of amounts on deposit therein. The applicable Interest-Only Certificateholder(s) shall be liable for any losses incurred on such investments; provided, that, the amount of any loss incurred in respect of any such investments investment made with funds in such accounts shall be deposited deducted from amounts otherwise payable to the related Interest-Only Certificateholder (after giving effect to any related Required Reserve Fund Deposit) or, if such funds are not sufficient to cover such losses, from the related Interest-Only Certificateholder's own funds. In the absence of written instructions from the applicable Interest-Only Certificateholder as to investment of funds on deposit in the related Reserve Fund by the Senior Underwriter out of its own Sub-Account, such funds immediately shall be invested in money market funds as realized without any right of reimbursement. The balance, if any, remaining described in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance paragraph (ix) of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal definition of Permitted Investments in Article I. For all Federal income tax purposes, (1) it amounts transferred by the Upper-Tier Group 1 REMIC to the Group 1 Reserve Fund shall be an outside reserve fund treated as amounts distributed by Upper-Tier Group 1 REMIC to the Group 1-X Certificateholders and not an asset of any amounts transferred by the Upper-Tier Group 2 REMIC and (2) it to the Group 2 Reserve Fund shall be owned treated as amounts distributed by Upper-Tier Group 2 REMIC to the Senior Underwriter, all within the meaning of Section 1.860G-2(hGroup 2-X Certificateholders. (f) Upon termination of the Treasury Regulations. Reserve Trust Fund I and Reserve Fund II may not any amounts remaining in the related Sub-Account shall be owned by more than one persondistributed to the applicable Interest-Only Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sequoia Residential Funding Inc)

Reserve Funds. No later than the Closing Date, the Trustee will Trust Administrator, on behalf of the Trustee, on behalf of the Certificateholders, shall establish and maintain with itself two separate, segregated trust accounts titled, "Group I Reserve Fund I Fund, Bankers Trust Company of California, N.A., as Trust Administrator for the benefit of First Union National Bank, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2002-1, Asset-Backed Certificates, Series 2002-1" and "Group II Reserve Fund IIFund, Bankers Trust Company of California, N.A., as Trust Administrator for the benefit of First Union National Bank, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2002-1, Asset-Backed Certificates, Series 2002-1," respectively. On the Closing Date Date, the Senior Underwriter Depositor shall deposit with the Trusteedeposit, and the Trustee shall deposit or cause to be deposited, into Reserve Fund I, cash in an amount equal to each of the Reserve Fund I Deposit and deposit into Reserve Fund II, cash in an amount equal to the Reserve Fund II DepositFunds $1,000. The Master Servicer shall direct the Trustee in writing on On each Distribution Date as to withdraw amounts on deposit in Reserve Fund which there is a Net WAC Rate Carryover Amount payable to the Class I-A Certificates or Group I for Mezzanine Components, the Trust Administrator has been directed by the Class I-C Certificateholders to, and therefore shall, deposit into the Certificate AccountGroup I Reserve Fund the amounts described in Section 4.01(d)(i)(h), rather than distributing such amounts to the Class C Certificateholders. On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class II-A Certificates, the Class II-M1 Certificates, Group II Mezzanine Components or the Class II-M4 Certificates, the Trust Administrator has been directed by the Class II-C Certificateholders to, and to pay therefore shall, deposit into the Group II Reserve Fund the amounts described in Section 4.01(d)(ii)(l), rather than distributing such amounts to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of Class II-C Certificateholders. On each such withdrawal for any Distribution Date, the "Reserve Fund I Withdrawal"Trust Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates, and the Mezzanine Certificates, and shall distribute such amounts in respect of the Class A Certificates, the Class II-M1 Certificates, the Mezzanine Components and the Class II-M4 Certificates in the amounts and priorities set forth in Section 4.01(d). In addition, the Master Servicer shall direct the Trustee in writing If no Net WAC Rate Carryover Amounts are payable on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Reserve Fund II (the amount of such withdrawal for any a Distribution Date, the "Trust Administrator shall deposit into each Reserve Fund II Withdrawal")on behalf of the related Class C Certificateholders, from amounts otherwise distributable to such Class C Certificateholders, an amount such that when added to other amounts already on deposit in such Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. For federal and state income tax purposes, the Senior Underwriter Class I-C Certificateholders shall be deemed to be the owner owners of the Group I Reserve Fund I and all amounts deposited into such Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC 3 to REMIC X in respect of the REMIC 3 Regular Interest LT3-IC, and then distributed by REMIC X to the Holders of the Class I-C Certificates. For federal and state income tax purposes, the Class II-C Certificateholders shall be deemed to be the owners of the Group II Reserve Fund and all amounts deposited into such Reserve Fund (other than the initial deposit therein of $1,000) shall report be treated as amounts distributed by REMIC 3 to REMIC X in respect of REMIC 3 Regular Interest LT3-IIC and then distributed by REMIC X to the Holders of the Class II-C Certificates. Upon the termination of the Trust, or the payment in full of the Class I-A Certificates and the reduction of the Component Principal Balances of the Group I Mezzanine Components to zero or of the payment in full of the Class II-A Certificates, the Class II-M1 Certificates and the Class II-M4 Certificates and the reduction of the Component Principal Balances of the Group II Mezzanine Components to zero, all items amounts remaining on deposit in the related Reserve Fund shall be released by the Trust Administrator and distributed to the applicable Class C Certificateholders or their designees. The Reserve Funds will be part of incomethe Trust but not part of any REMIC and any payments in respect of the Class A Certificates, deductionthe Class II-M1 Certificates, gain the Mezzanine Components or loss arising therefromthe Class II-M4 Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). By accepting a Class C Certificate, each Class C Certificateholder shall be deemed to have directed the Trust Administrator, and the Trust Administrator shall pursuant to such direction, deposit into the related Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the applicable Class C Certificateholders. By accepting a Class C Certificate, each Class C Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trust Administrator shall direct any depository institution maintaining the Group I Reserve Fund or Group II Reserve Fund, as applicable, to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trust Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trust Administrator or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trust Administrator, the Trust Administrator shall invest the funds in such account in Permitted Investments managed by the Trust Administrator or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding anything herein to the contraryforegoing, any funds in the Reserve Fund I and Reserve Fund II shall not be an asset of any REMIC. Reserve Fund I and Reserve Fund II Funds shall be invested in Permitted Investments at the direction Bankers Trust's Institutional Cash Management Fund 1679 for so long as such investment complies with clause (vi) of the Senior Underwriterdefinition of Permitted Investments. All income and gain realized from earned upon such investment of funds deposited in the Reserve Fund I shall be deposited in into the related Reserve Fund. For federal tax return and information reporting, the right of the Certificateholders to receive payment on account of the Class A Certificates, the Class II-M1 Certificates, the Mezzanine Components and the Class II-M4 Certificates from the related Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments Net WAC Rate Carryover Amount shall be deposited in the related Reserve Fund by the Senior Underwriter out assigned a value of its own funds immediately as realized without any right of reimbursement. The balance, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC and (2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one personzero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mort Loan Trust 2002-1as Back Cert Ser 2002-1)

Reserve Funds. No later than the Closing Date, the Trustee will Trust Administrator, on behalf of the Trustee, on behalf of the Certificateholders, shall establish and maintain with itself two separate, segregated trust accounts titled, "Group I Reserve Fund I Fund, Bankers Trust Company of California, N.A., as Trust Administrator for the benefit of First Union National Bank, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2001-4, Asset-Backed Certificates, Series 2001-4" and "Group II Reserve Fund IIFund, Bankers Trust Company of California, N.A., as Trust Administrator for the benefit of First Union National Bank, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2001-4, Asset-Backed Certificates, Series 2001-4," respectively. On the Closing Date Date, the Senior Underwriter Depositor shall deposit with the Trusteedeposit, and the Trustee shall deposit or cause to be deposited, into Reserve Fund I, cash in an amount equal to each of the Reserve Fund I Deposit and deposit into Reserve Fund II, cash in an amount equal to the Reserve Fund II DepositFunds $1,000. The Master Servicer shall direct the Trustee in writing on On each Distribution Date as to withdraw amounts on deposit in Reserve Fund which there is a Net WAC Rate Carryover Amount payable to the Class I-A Certificates or Group I for Mezzanine Components, the Trust Administrator has been directed by the Class I-C Certificateholders to, and therefore shall, deposit into the Certificate AccountGroup I Reserve Fund the amounts described in Section 4.01(d)(i)(g), rather than distributing such amounts to the Class C Certificateholders. On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class II-A Certificates, the Class II-M1 Certificates or Group II Mezzanine Components, the Trust Administrator has been directed by the Class II-C Certificateholders to, and to pay therefore shall, deposit into the Group II Reserve Fund the amounts described in Section 4.01(d)(ii)(j), rather than distributing such amounts to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of Class II-C Certificateholders. On each such withdrawal for any Distribution Date, the "Reserve Fund I Withdrawal"Trust Administrator shall hold all such amounts for the benefit of the Holders of the Class A Certificates and Mezzanine Certificates, and shall distribute such amounts in respect of the Class A Certificates, the Class II-M1 Certificates and Mezzanine Components in the amounts and priorities set forth in Section 4.01(d). In addition, the Master Servicer shall direct the Trustee in writing If no Net WAC Rate Carryover Amounts are payable on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Reserve Fund II (the amount of such withdrawal for any a Distribution Date, the "Trust Administrator shall deposit into each Reserve Fund II Withdrawal")on behalf of the related Class C Certificateholders, from amounts otherwise distributable to such Class C Certificateholders, an amount such that when added to other amounts already on deposit in such Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. 124 For federal and state income tax purposes, the Senior Underwriter Class I-C Certificateholders shall be deemed to be the owner owners of the Group I Reserve Fund I and all amounts deposited into such Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC 3 to REMIC X in respect of the REMIC 3 Uncertificated Regular Interest LT3-IC, and then distributed by REMIC X to the Holders of the Class I-C Certificates. For federal and state income tax purposes, the Class II-C Certificateholders shall be deemed to be the owners of the Group II Reserve Fund and all amounts deposited into such Reserve Fund (other than the initial deposit therein of $1,000) shall report be treated as amounts distributed by REMIC 3 to REMIC X in respect of REMIC 3 Uncertificated Regular Interest LT3-IIC and then distributed by REMIC X to the Holders of the Class II-C Certificates. Upon the termination of the Trust, or the payment in full of the Class I-A Certificates and the reduction of the Component Principal Balances of the Group I Mezzanine Components to zero or of the payment in full of the Class II-A Certificates and the Class II-M1 Certificates and the reduction of the Component Principal Balances of the Group II Mezzanine Components to zero, all items amounts remaining on deposit in the related Reserve Fund shall be released by the Trust Administrator and distributed to the applicable Class C Certificateholders or their designees. The Reserve Funds will be part of incomethe Trust but not part of any REMIC and any payments in respect of the Class A Certificates, deductionthe Class II-M1 Certificates or the Mezzanine Components of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). By accepting a Class C Certificate, gain each Class C Certificateholder shall be deemed to have directed the Trust Administrator, and the Trust Administrator shall pursuant to such direction, deposit into the related Reserve Fund the amounts described above on each Distribution Date as to which there is any Net WAC Rate Carryover Amount rather than distributing such amounts to the applicable Class C Certificateholders. By accepting a Class C Certificate, each Class C Certificateholder further agrees that such direction is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. At the direction of the Holders of a majority in Percentage Interest in the Class C Certificates, the Trust Administrator shall direct any depository institution maintaining the Group I Reserve Fund or loss arising therefromGroup II Reserve Fund, as applicable, to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Trust Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Trust Administrator or an Affiliate manages or advises such investment. If no investment direction of the Holders of a majority in Percentage Interest in the Class C Certificates with respect to the Reserve Fund is received by the Trust Administrator, the Trust Administrator shall invest the funds in such account in Permitted Investments managed by the Trust Administrator or an Affiliate of the kind described in clause (vi) of the definition of Permitted Investments. Notwithstanding anything herein to the contraryforegoing, any funds in the Reserve Fund I and Reserve Fund II shall not be an asset of any REMIC. Reserve Fund I and Reserve Fund II Funds shall be invested in Permitted Investments at the direction Bankers Trust's Institutional Cash Management Fund 1679 for so long as such investment complies with clause (vi) of the Senior Underwriterdefinition of Permitted Investments. All income and gain realized from earned upon such investment of funds deposited in the Reserve Fund I shall be deposited in the Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments shall be deposited in into the related Reserve Fund by the Senior Underwriter out of its own funds immediately as realized without any right of reimbursement. The balance, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC and (2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one personFund.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Mort Loan Tr 2001-4 as Bk Cert Ser 2001-4)

Reserve Funds. No On the Closing Date, the Depositor shall purchase the Yield Maintenance Agreement from National and assign all of its rights thereunder to the Trust Fund for the benefit of the Certificateholders, the Certificate Insurer and the Seller. In addition, no later than the Closing Date, the Trustee will shall establish and maintain with itself (i) a separate, segregated trust account titled, "Reserve Fund I I, Norwest Bank Minnesota, National Association, as Trustee, in trust for registered Holders of Option One Mortgage Loan Trust 1999-3, Asset-Backed Certificates, Series 1999-3" and (ii) a separate, segregated trust account titled, "Reserve Fund II, Norwest Bank Minnesota, National Association, as Trustee, in trust for registered Holders of Option One Mortgage Loan Trust 1999-3, Asset-Backed Certificates, Series 1999-3. On No funds will be deposited into either Reserve Fund on the Closing Date Date. Upon receipt thereof from National pursuant to the Senior Underwriter shall deposit with the TrusteeYield Maintenance Agreement, and the Trustee shall deposit into Reserve Fund I, cash in I an amount equal to the Reserve Fund I Deposit Addition to the extent received under the Yield Maintenance Agreement. On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class A Certificates, the Trustee will deposit into Reserve Fund I the amounts described in Section 4.01(a)(vi). On each Distribution Date, the Trustee will distribute amounts available in Reserve Fund I in the amounts and priorities set forth in Section 4.01. Each Reserve Fund shall be an Eligible Account. Amounts held in the Reserve Funds from time to time shall continue to constitute assets of the Trust Fund until released from the related Reserve Fund pursuant to Section 4.01. The Reserve Funds constitute "outside reserve funds" within the meaning of Treasury Regulation ss.1.860G-2(h) and neither the Reserve Funds nor the Yield Maintenance Agreement are or will be assets of either REMIC at any time. The Holders of the Residual Certificates are the owners of Reserve Fund I and the Seller (or the assignee of the Seller's rights thereto) is the owner of Reserve Fund II (and each of these parties is the owner of a portion of the Yield Maintenance Agreement through the ownership of the related Reserve Fund) for all federal tax purposes and amounts transferred by REMIC II to Reserve Fund I are treated as amounts distributed by REMIC II to the Holders of the Residual Certificates. The Trustee shall keep records that accurately reflect the funds on deposit in the Reserve Funds. The Trustee shall invest the Reserve Funds in Permitted Investments as directed by the Majority Certificateholders of the Residual Certificates. On each Distribution Date (or as soon as received if such funds are not available on such Distribution Date), the Trustee shall distribute any interest on the Reserve Funds to the Holders of the Residual Certificates. For each Distribution Date, the Trustee shall deposit into Reserve Fund II, cash in an the excess of the amount equal paid by National to the Reserve Fund II Deposit. The Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund I for deposit into the Certificate Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of such withdrawal for any Distribution Date, the "Reserve Fund I Withdrawal"). In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Reserve Fund II (the amount of such withdrawal for any Distribution Date, the "Reserve Fund II Withdrawal"). For federal income tax purposes, the Senior Underwriter shall be the owner of Reserve Fund I and Reserve Fund II and shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to the contrary, Reserve Fund I and Reserve Fund II shall not be an asset of any REMIC. Reserve Fund I and Reserve Fund II shall be invested in Permitted Investments at the direction of the Senior Underwriter. All income and gain realized from investment of funds deposited in the Reserve Fund I shall be deposited in the Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments shall be deposited in the related Reserve Fund by the Senior Underwriter out of its own funds immediately as realized without any right of reimbursement. The balance, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC and (2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one person.Yield Maintenance Agreement over the

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Option One Mort Ln Tr 1999-3 Asset Backed Cert Ser 1999-3)

Reserve Funds. (a) No later than the Closing Date, the Trustee will Securities Administrator shall establish and maintain (i) a separate, segregated trust account titled, "Reserve Fund Fund, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Mortgage Securities, Inc. Mortgage Loan Trust, Series 2004-3, Mortgage Pass-Through Certificates, Group I Certificates" (the "Group I Reserve Fund") and (ii) a separate, segregated trust account titled, "Reserve Fund IIFund, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Mortgage Securities, Inc. Mortgage Loan Trust, Series 2004-3, Mortgage Pass-Through Certificates, Group II Certificates" (the "Group II Reserve Fund"). On the Closing Date Date, the Senior Underwriter shall deposit with the TrusteeDepositor will deposit, and the Trustee shall deposit or cause to be deposited, into each Reserve Fund I$1,000. In addition, cash (x) the amount deposited in an amount equal to the Group I Reserve Fund shall be increased by any payments received by the Securities Administrator under the Class I-A-1 Cap Contract which shall be deposited into the Group I Deposit and deposit into Reserve Fund II, cash for the benefit of the related Certificateholders and (y) the amount deposited in an amount equal to the Group II Reserve Fund shall be increased by any payments received by the Securities Administrator under the Class II-AR-1 Cap Contract, Class II-AR-2 Cap Contract, Class II-MR-1 Cap Contract, Class II-MR-2 Cap Contract and Class II-MR-3 Cap Contract, which payments shall be deposited into the Group II Deposit. The Master Servicer shall direct Reserve Fund for the Trustee in writing on benefit of the related Certificateholders. (i) On each Distribution Date as to withdraw amounts on deposit in Reserve Fund which there is a Net WAC Rate Carryover Amount payable to the Group I for Senior Certificates, the Securities Administrator will deposit into the Certificate Account, and to pay Group I Reserve Fund the amounts described in Section 4.1(a)(iii)(F) rather than distributing such amounts to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of Class I-CE Certificateholders. On each such withdrawal for any Distribution Date, the "Reserve Fund Securities Administrator shall hold all such amounts for the benefit of the Holders of the Group I Withdrawal"Senior Certificates (other than the Class I-A-IO Certificates) and the Group I Mezzanine Certificates, and will distribute such amounts to the Holders of the Group I Senior Certificates (other than the Class I-A-IO Certificates) and the Group I Mezzanine Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(a)(iii). In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, and to pay If no Net WAC Rate Carryover Amounts related to the holders of any Retail Group I Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds are payable on deposit in Reserve Fund II (the amount of such withdrawal for any a Distribution Date, the "Securities Administrator shall deposit into the Group I Reserve Fund on behalf of the Class I-CE Certificateholders, from amounts otherwise distributable to the Class I-CE Certificateholders, an amount such that when added to other amounts already on deposit in such Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (ii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Group II Withdrawal"Senior Certificates and the Group II Mezzanine Certificates, the Securities Administrator will deposit into the related Reserve Fund the amounts described in Section 4.3(a)(iii)(E) rather than distributing such amounts to the Class II-CE Certificateholders. On each such Distribution Date, the Securities Administrator shall hold all such amounts for the benefit of the Holders of the Group II Senior Certificates and the Group II Mezzanine Certificates, and will distribute such amounts to the Holders of the Group II Senior Certificates and the Group II Mezzanine Certificates in the amounts and priorities set forth in the last paragraph of Section 4.3(a)(iii). If no Net WAC Rate Carryover Amounts related to the Group II Certificates are payable on a Distribution Date, the Securities Administrator shall deposit into the Group II Reserve Fund on behalf of the Class II-CE Certificateholders, from amounts otherwise distributable to the Class II-CE Certificateholders, an amount such that when added to other amounts already on deposit in such Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) For federal and state income tax purposes, the Senior Underwriter Class I-CE Certificateholders will be deemed to be the owners of the Group I Reserve Fund and the Class II-CE Certificateholders will be deemed to be the owners of the Group II Reserve Fund and all amounts deposited into the related Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV to the owner Holders of the related Class CE Certificates. Upon the termination of the Trust Fund, a Cleanup Call pursuant to Section 9.1 or the payment in full of the Class A Certificates and the Class M Certificates of a Loan Group, all amounts remaining on deposit in the related Reserve Funds will be released by the Trust Fund and distributed to the related Class CE Certificateholders or their designees. The Reserve Funds will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class A Certificates or the Class M Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the related Reserve Fund I the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (e) The Securities Administrator shall direct any depository institution maintaining a Reserve Fund II and shall report all items of income, deduction, gain to invest the funds in such account in one or loss arising therefrom. Notwithstanding anything herein to the contrary, Reserve Fund I and Reserve Fund II shall not be an asset of any REMIC. Reserve Fund I and Reserve Fund II shall be invested in more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the direction of Business Day immediately preceding the Senior Underwriterdate on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain realized from earned upon such investment of funds deposited in the Reserve Fund I shall be deposited in into the related Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). (f) For federal tax return and information reporting, the right of the Class A Certificateholders and the Class M Certificateholders to receive payments from the related Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments Net WAC Rate Carryover Amount shall be deposited in the related Reserve Fund by the Senior Underwriter out assigned a value of its own funds immediately as realized without any right of reimbursement. The balance, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC and (2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one personzero.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Loan Trust Series 2004-3)

Reserve Funds. (a) No later than the Closing Date, the Trustee will Securities Administrator shall establish and maintain (i) a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Mortgage Securities, Inc. Mortgage Loan Trust, Series 2004-4, Mortgage Pass-Through Certificates, Group I Certificates" (the "Group I Reserve Fund"), (ii) a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Mortgage Securities, Inc. Mortgage Loan Trust, Series 2004-4, Mortgage Pass-Through Certificates, Group II Certificates" (the "Group II Reserve Fund") and (iii) a separate, segregated trust account titled, "Reserve Fund, Xxxxx Fargo Bank, N.A., in trust for the registered holders of Deutsche Mortgage Securities, Inc. Mortgage Loan Trust, Series 2004-4, Mortgage Pass-Through Certificates, Group VII Certificates" (the "Group VII Reserve Fund"). The Group I Reserve Fund shall include any payments received by the Securities Administrator under the Class I-A-1 Cap Contract which shall be deposited into the Group I and Reserve Fund IIfor the benefit of the related Certificateholders. On the Closing Date the Senior Underwriter shall deposit with the Trustee, and the Trustee shall deposit into The Group II Reserve Fund Ishall include any payments received by the Securities Administrator under the Class II-AR-1 Cap Contract, cash in an amount equal to Class II-AR-2 Cap Contract, Class II-MR-1 Cap Contract, Class II-MR-2 Cap Contract and Class II-MR-3 Cap Contract, which payments shall be deposited into the Group II Reserve Fund I Deposit and deposit into for the benefit of the related Certificateholders. The Group VII Reserve Fund IIshall include any payments received by the Securities Administrator under the Class VII-AR-1 Cap Contract and Class VII-AR-2 Cap Contract, cash in an amount equal to which payments shall be deposited into the Group VII Reserve Fund II Deposit. The Master Servicer shall direct for the Trustee in writing on benefit of the related Certificateholders. (i) On each Distribution Date as to withdraw amounts on deposit in Reserve Fund which there is a Net WAC Rate Carryover Amount payable to the Group I for Senior Certificates and Group I Mezzanine Certificates, the Securities Administrator will deposit into the Certificate Account, and to pay Group I Reserve Fund the amounts described in Section 4.1(c)(v) rather than distributing such amounts to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of Class I-CE Certificateholders. On each such withdrawal for any Distribution Date, the "Reserve Fund Securities Administrator shall hold all such amounts for the benefit of the Holders of the Group I Withdrawal"Senior Certificates (other than the Class I-A-IO Certificates) and the Group I Mezzanine Certificates, and will distribute such amounts to the Holders of the Group I Senior Certificates (other than the Class I-A-IO Certificates) and the Group I Mezzanine Certificates in the amounts and priorities set forth in the last paragraph of Section 4.1(c). In addition, the Master Servicer shall direct the Trustee in writing on . (ii) On each Distribution Date as to withdraw amounts on deposit in Reserve Fund which there is a Net WAC Rate Carryover Amount payable to the Group II for Senior Certificates and the Group II Mezzanine Certificates, the Securities Administrator will deposit into the Certificate Account, and to pay related Reserve Fund the amounts described in Section 4.3(c)(v) rather than distributing such amounts to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Reserve Fund II (the amount of Class II-CE Certificateholders. On each such withdrawal for any Distribution Date, the "Reserve Fund Securities Administrator shall hold all such amounts for the benefit of the Holders of the Group II Withdrawal"Senior Certificates and the Group II Mezzanine Certificates, and will distribute such amounts to the Holders of the Group II Senior Certificates and the Group II Mezzanine Certificates in the amounts and priorities set forth in the last paragraph of Section 4.3(c). . (c) For federal and state income tax purposes, the Senior Underwriter Class I-CE Certificateholders will be deemed to be the owners of the Group I Reserve Fund, and the Class II-CE Certificateholders will be deemed to be the owners of the Group II Reserve Fund and all amounts deposited into the related Reserve Fund (other than the initial deposit therein of $1,000) shall be treated as amounts distributed by REMIC IV to the owner Holders of the related Class CE Certificates. Upon the termination of the Trust Fund, a Cleanup Call pursuant to Section 9.1 or the payment in full of the Group I Certificates or Group II Certificates, all amounts remaining on deposit in the related Reserve Funds will be released by the Trust Fund and distributed to the related Class CE Certificateholders or their designees. The Reserve Funds will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the related Senior Certificates or the related Mezzanine Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (d) For federal and state income tax purposes, the Seller will be deemed to be the owners of the Group VII Reserve Fund I and all amounts deposited into the Group VII Reserve Fund II and (other than the initial deposit therein of $1,000) shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein be treated as amounts distributed by REMIC VII to the contrarySeller. Upon the termination of the Trust Fund, a Cleanup Call pursuant to Section 9.1 or the payment in full of the Group III-VII Certificates, all amounts remaining on deposit in the Group VII Reserve Fund I will be released by the Trust Fund and distributed to the Seller or its designee. The Group VII Reserve Fund II shall will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the related Group III-VII Certificates of Net WAC Rate Carryover Amounts will not be an asset payments with respect to a "regular interest" in a REMIC within the meaning of any REMIC. Code Section 860(G)(a)(1). (e) By accepting a Class CE Certificate, each Class CE Certificateholder hereby agrees that the Securities Administrator will deposit into the related Reserve Fund I the amounts described above on each Distribution Date rather than distributing such amounts to the Class CE Certificateholders. By accepting a Class CE Certificate, each Class CE Certificateholder further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (f) The Securities Administrator shall direct any depository institution maintaining a Reserve Fund II shall be invested to invest the funds in such account in one or more Permitted Investments bearing interest or sold at a discount, and maturing, unless payable on demand, (i) no later than the direction of Business Day immediately preceding the Senior Underwriterdate on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an Affiliate manages or advises such investment, and (ii) no later than the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if the Securities Administrator or an Affiliate manages or advises such investment. All income and gain realized from earned upon such investment of funds deposited in the Reserve Fund I shall be deposited in into the related Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (e). (g) For federal tax return and information reporting, the right of the Holders of the (i) Class I-A-1 Certificates, (ii) Class II-AR-1 Certificates, (iii) Class II-AR-2 Certificates, (iv) Class II-MR-1 Certificates, (v) Class II-MR-2 Certificates, (vi) Class II-MR-3 Certificates, (vii) Class VII-AR-1 Certificates and (viii) Class VII-AR-2 Certificates to receive payments from the related Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments Net WAC Rate Carryover Amount shall be deposited in assigned a value of (i) $20,000.00, (ii) $1,833,288.00, (iii) $1,612,023.00, (iv) $101,062.00, (v) $82,690.00, (vi) $45,938.00, (vii) $1,058,000.00 and (viii) $3,030,000.00, respectively. For federal tax return and information reporting, the right of the Holders of the Group I Senior Certificates (other than the Class I-A-1 Certificates) and the Group I Mezzanine Certificates to receive payments from the related Reserve Fund by the Senior Underwriter out in respect of its own funds immediately as realized without any right of reimbursement. The balance, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it Net WAC Rate Carryover Amount shall be an outside reserve fund and not an asset assigned a value of any REMIC and (2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one person$0.00.

Appears in 1 contract

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

Reserve Funds. No later than (a) On or before the Closing Date, the Trustee will Securities Administrator shall establish and maintain a Group I Reserve Fund on behalf of the Holders of the Group I and Reserve Fund IICertificates. On the Closing Date Date, the Senior Underwriter Depositor shall deposit with the Trustee, and the Trustee shall deposit into Reserve Fund I, cash in cause an amount equal to the Group I Reserve Fund Deposit to be deposited in the Group I Deposit and deposit into Reserve Fund. The Group I Reserve Fund II, cash in shall be an amount equal to the Eligible Account. The Group I Reserve Fund II Depositshall be entitled “Group I Reserve Fund, LaSalle Bank National Association, as Securities Administrator on behalf of Citibank, N.A. as Trustee for the benefit of holders of Bear Xxxxxxx Asset Backed Securities I LLC, SACO I Trust 2005-10, Mortgage-Backed Certificates, Series 2005-10, Group I Certificates”. The Master Servicer shall direct the Trustee in writing on On each Distribution Date as to withdraw which there is a Group I Basis Risk Shortfall Carry Forward Amount payable to any Class of Class I-A, Class I-M or Class I-B Certificates, the Securities Administrator shall deposit the amounts distributable pursuant to clauses (C) and (D) of Section 6.04(a)(3) into the Group I Reserve Fund, and the Securities Administrator has been directed by the Class I-C Certificateholder to distribute any amounts then on deposit in the Group I Reserve Fund I for deposit into the Certificate Account, and to pay to the holders Holders of any Retail the Class I-A, Class I-M or Class I-B Certificates in respect of the Group I Basis Risk Shortfall Carry Forward Amounts for each such Class in the priorities set forth in clauses (C) and (D) of Section 6.04(a)(3). Any amount paid to the Holders of Class I-A, Class I-M or Class I-B Certificates from amounts distributable pursuant to clauses (C) and (D) of Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates 6.04(a)(3) pursuant to the definition preceding sentence in respect of Accrued Certificate Interest (Group I Basis Risk Shortfall Carry Forward Amounts shall be treated as distributed to the extent not offset Class I-C Certificateholder in respect of the Class I-C Certificates and paid by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), Class I-C Certificateholder to the extent Holders of funds on deposit in Reserve Fund I (the amount of such withdrawal for any Distribution DateClass I-A, the "Reserve Fund I Withdrawal")Class I-M and Class I-B Certificates, as applicable. In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, and to pay Any payments to the holders Holders of any Retail the Class I-A, Class I-M and Class I-B Certificates pursuant to Section 4.02(a), the amount in respect of any Relief Act Shortfalls otherwise allocable to any Retail Certificates Group I Basis Risk Shortfall Carry Forward Amounts pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Reserve Fund II (the amount of such withdrawal for any Distribution Date, the "Reserve Fund II Withdrawal"). For federal income tax purposes, the Senior Underwriter shall be the owner of Reserve Fund I and Reserve Fund II and shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to the contrary, Reserve Fund I and Reserve Fund II second preceding sentence shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Section 860(G)(a)(1) of the Code. (b) The Group I Reserve Fund is an “outside Group I Reserve Fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Group I Reserve Fund. The Class I-C Certificateholder shall be the beneficial owner of the Group I Reserve Fund, subject to the power of the Securities Administrator on behalf of the Trustee to transfer amounts under Section 6.04. Amounts in the Group I Reserve Fund I and Reserve Fund II shall shall, at the written direction of the Class I-C Certificateholder to the Securities Administrator, be invested in Permitted Investments at that mature no later than the direction Business Day prior to the next succeeding Distribution Date. In the absence of written instructions to the Senior UnderwriterSecurities Administrator, amounts on deposit in the Group I Reserve Fund shall remain uninvested. All net income and gain realized from investment of funds deposited in the Reserve Fund I such investments shall be deposited in distributed to the Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. SimilarlyClass I-C Certificateholders, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred not as a distribution in respect of any interest in any REMIC, at such time as they shall direct. All amounts earned on amounts on deposit in the Group I Reserve Fund shall be taxable to the Class I-C Certificateholder. Any losses on such investments shall be deposited in the related Group I Reserve Fund by the Senior Underwriter Class I-C Certificateholder out of its own funds immediately as realized without any right realized. (c) On or before the Closing Date, the Securities Administrator shall establish a Group II Reserve Fund on behalf of reimbursementthe Holders of the Group II Certificates. On the Closing Date, the Depositor shall cause an amount equal to the Group II Reserve Fund Deposit to be deposited in the Group II Reserve Fund. The balance, if any, remaining in Group II Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an Eligible Account. The Group II Reserve Fund shall be entitled “Group II Reserve Fund, LaSalle Bank National Association, as Securities Administrator on behalf of Citibank, N.A. as Trustee for the benefit of holders of Bear Xxxxxxx Asset Backed Securities I LLC, SACO I Trust 2005-10, Mortgage-Backed Certificates, Series 2005-10, Group II Certificates”. On each Distribution Date as to which there is a Group II Basis Risk Shortfall Carry Forward Amount payable to any Class of Class II-A, Class II-M or Class II-B Certificates, the Securities Administrator shall deposit the amounts distributable pursuant to clauses (C) and (D) of Section 6.04(b)(3) into the Group II Reserve Fund, and the Securities Administrator has been directed by the Class II-C Certificateholder to distribute any amounts then on deposit in the Group II Reserve Fund to the Holders of the Class II-A, Class II-M or Class II-B Certificates in respect of the Group II Basis Risk Shortfall Carry Forward Amounts for each such Class in the priorities set forth in clauses (C) and (D) of Section 6.04(b)(3). Any amount paid to the Holders of Class II-A, Class II-M or Class II-B Certificates from amounts distributable pursuant to clauses (C) and (D) of Section 6.04(b)(3) pursuant to the preceding sentence in respect of Group II Basis Risk Shortfall Carry Forward Amounts shall be treated as distributed to the Class II-C Certificateholder in respect of the Class II-C Certificates and paid by the Class II-C Certificateholder to the Holders of the Class II-A, Class II-M and Class II-B Certificates, as applicable. Any payments to the Holders of the Class II-A, Class II-M and Class II-B Certificates in respect of Group II Basis Risk Shortfall Carry Forward Amounts pursuant to the second preceding sentence shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Section 860(G)(a)(1) of the Code. (d) The Group II Reserve Fund is an “outside reserve fund Group II Reserve Fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC and (2) it REMIC. The Trustee on behalf of the Trust shall be owned the nominal owner of the Group II Reserve Fund. The Class II-C Certificateholder shall be the beneficial owner of the Group II Reserve Fund, subject to the power of the Securities Administrator on behalf of the Trustee to transfer amounts under Section 6.04. Amounts in the Group II Reserve Fund shall, at the written direction of the Class II-C Certificateholder to the Securities Administrator, be invested in Permitted Investments that mature no later than the Business Day prior to the next succeeding Distribution Date. In the absence of written instructions to the Securities Administrator, amounts on deposit in the Group II Reserve Fund shall remain uninvested. All net income and gain from such investments shall be distributed to the Class II-C Certificateholders, not as a distribution in respect of any interest in any REMIC, at such time as they shall direct. All amounts earned on amounts on deposit in the Group II Reserve Fund shall be taxable to the Class II-C Certificateholder. Any losses on such investments shall be deposited in the Group II Reserve Fund by the Senior Underwriter, all within the meaning Class II-C Certificateholder out of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one personits own funds immediately as realized.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SACO I Trust 2005-10)

Reserve Funds. (a) No later than the Closing Date, the Trustee will Securities Administrator shall establish and maintain three separate segregated trust accounts titled, “Class III-A-1 Reserve Fund, Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-3, Class III-A-1 Mortgage Pass-Through Certificates,” “Class IV-A-1 Reserve Fund, Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-3, Class IV-A-1 Mortgage Pass-Through Certificates” and “Class V-A-1 Reserve Fund, Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-3, Class V-A-1 Mortgage Pass-Through Certificates.” (b) On each Distribution Date, the Securities Administrator will deposit (from the remaining Group III Available Distribution Amount otherwise payable to the Class B-3, Class B-4 and Class B-5 Certificates pursuant to Section 4.1(a)(ix)) into the Class III-A-1 Reserve Fund I and Reserve Fund II. On the Closing Date the Senior Underwriter shall deposit with the Trustee, and the Trustee shall deposit into Reserve Fund I, cash in an amount equal to the amount by which the sum of the Net WAC Rate Carryover Amounts with respect to the Class III-A-1 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the related Cap Contract since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (vii), the Securities Administrator will withdraw from the Class III-A-1 Reserve Fund I Deposit the amounts on deposit therein (which shall include any payments received under the related Cap Contract) and distribute such amounts to the Class III-A-1 Certificates in respect of any Net WAC Rate Carryover Amounts due to the Class III-A-1 Certificates as set forth in Section 4.1(a)(viii) and (b)(5). (c) On each Distribution Date, the Securities Administrator will deposit (from the remaining Group IV Available Distribution Amount otherwise payable to the Class B-3, Class B-4 and Class B-5 Certificates pursuant to Section 4.1(a)(ix)) into the Class IV-A-1 Reserve Fund II, cash in an amount equal to the amount by which the sum of the Basis Risk Carryover Amounts with respect to the Class IV-A-1 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the related Cap Contract since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (vii), the Securities Administrator will withdraw from the Class IV-A-1 Reserve Fund II Deposit. The Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund I for deposit into therein (which shall include any payments received under the Certificate Account, related Cap Contract) and to pay distribute such amounts to the holders Class IV-A-1 Certificates in respect of any Retail Basis Risk Carryover Amounts due to the Class IV-A-1 Certificates as set forth in Section 4.1(a)(viii) and (b)(5). (d) On each Distribution Date, the Securities Administrator will deposit (from the remaining Group V Available Distribution Amount otherwise payable to the Class B-3, Class B-4 and Class B-5 Certificates pursuant to Section 4.02(a4.1(a)(ix)) into the Class V-A-1 Reserve Fund, an amount equal to the amount by which the sum of the Net WAC Rate Carryover Amounts with respect to the Class V-A-1 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the related Cap Contract since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (vii), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to Securities Administrator will withdraw from the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Class V-A-1 Reserve Fund I (the amount of such withdrawal for any Distribution Date, the "Reserve Fund I Withdrawal"). In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into therein (which shall include any payments received under the Certificate Account, related Cap Contract) and to pay distribute such amounts to the holders Class V-A-1 Certificates in respect of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant Net WAC Rate Carryover Amounts due to the definition of Accrued Certificate Interest, to the extent of funds on deposit Class V-A-1 Certificates as set forth in Reserve Fund II Section 4.1(a)(viii) and (the amount of such withdrawal for any Distribution Date, the "Reserve Fund II Withdrawal"b)(5). . (e) For federal and state income tax purposes, the Senior Underwriter shall Seller will be deemed to be the owner of each Reserve Fund. Upon the termination of the Trust Fund, or the payment in full of the Certificates, all amounts remaining on deposit in the related Reserve Fund I will be released by the Trust Fund and distributed to the Seller or its designees. The Reserve Funds will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class III-A-1, Class IV-A-1 and Class V-A-1 Certificates of Net WAC Rate Carryover Amounts or Basis Risk Carryover Amounts, as applicable, will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (f) The Seller hereby agrees that the Securities Administrator will deposit into the related Reserve Fund II the amounts described above on each Distribution Date. The Seller further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (g) The Securities Administrator shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to direct any depository institution maintaining the contrary, Reserve Fund I to invest the funds in such account in one or more Eligible Investments bearing interest or sold at a discount, and Reserve Fund II shall not maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an asset of any REMIC. Reserve Fund I Affiliate manages or advises such investment, and Reserve Fund II shall (ii) no later than the date on which such funds are required to be invested in Permitted Investments at withdrawn from such account pursuant to this Agreement, if the direction of the Senior UnderwriterSecurities Administrator or an Affiliate manages or advises such investment. All income and gain realized from earned upon such investment of funds deposited in the Reserve Fund I shall be deposited in into the related Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (g). (h) For federal tax return and information reporting, the right of the Holders of the Class III-A-1, Class IV-A-1 and Class V-A-1 Certificates to receive payments from the related Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments Net WAC Rate Carryover Amount shall be deposited in the related Reserve Fund by the Senior Underwriter out assigned a value of its own funds immediately as realized without any right of reimbursement. The balance$280,000, if any$110,000 and $289,000, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC and (2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one personrespectively.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-3)

Reserve Funds. No later than (a) On or before the Closing Date, the Trustee will Securities Administrator shall establish and maintain a Group I Reserve Fund on behalf of the Holders of the Group I and Reserve Fund IICertificates. On the Closing Date Date, the Senior Underwriter Depositor shall deposit with the Trustee, and the Trustee shall deposit into Reserve Fund I, cash in cause an amount equal to the Group I Reserve Fund Deposit to be deposited in the Group I Deposit and deposit into Reserve Fund. The Group I Reserve Fund II, cash in shall be an amount equal to the Eligible Account. The Group I Reserve Fund II Depositshall be entitled “Group I Reserve Fund, LaSalle Bank National Association, as Securities Administrator on behalf of Citibank, N.A. as Trustee for the benefit of holders of Bear Xxxxxxx Asset Backed Securities I LLC, SACO I Trust 2006-2, Mortgage-Backed Certificates, Series 2006-2, Group I Certificates”. The Master Servicer shall direct the Trustee in writing on On each Distribution Date as to withdraw which there is a Group I Basis Risk Shortfall Carry Forward Amount payable to any Class of Class I-A, Class I-M or Class I-B Certificates, the Securities Administrator shall deposit the amounts distributable pursuant to clauses (C) and (D) of Section 6.04(a)(3) into the Group I Reserve Fund, and the Securities Administrator has been directed by the Class I-C Certificateholder to distribute any amounts then on deposit in the Group I Reserve Fund I for deposit into the Certificate Account, and to pay to the holders Holders of any Retail the Class I-A, Class I-M or Class I-B Certificates in respect of the Group I Basis Risk Shortfall Carry Forward Amounts for each such Class in the priorities set forth in clauses (C) and (D) of Section 6.04(a)(3). Any amount paid to the Holders of Class I-A, Class I-M or Class I-B Certificates from amounts distributable pursuant to clauses (C) and (D) of Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates 6.04(a)(3) pursuant to the definition preceding sentence in respect of Accrued Certificate Interest (Group I Basis Risk Shortfall Carry Forward Amounts shall be treated as distributed to the extent not offset Class I-C Certificateholder in respect of the Class I-C Certificates and paid by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), Class I-C Certificateholder to the extent Holders of funds on deposit in Reserve Fund I (the amount of such withdrawal for any Distribution DateClass I-A, the "Reserve Fund I Withdrawal")Class I-M and Class I-B Certificates, as applicable. In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, and to pay Any payments to the holders Holders of any Retail the Class I-A, Class I-M and Class I-B Certificates pursuant to Section 4.02(a), the amount in respect of any Relief Act Shortfalls otherwise allocable to any Retail Certificates Group I Basis Risk Shortfall Carry Forward Amounts pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Reserve Fund II (the amount of such withdrawal for any Distribution Date, the "Reserve Fund II Withdrawal"). For federal income tax purposes, the Senior Underwriter shall be the owner of Reserve Fund I and Reserve Fund II and shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to the contrary, Reserve Fund I and Reserve Fund II second preceding sentence shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Section 860G(a)(1) of the Code. (b) The Group I Reserve Fund is an “outside reserve fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC. The Trustee on behalf of the Trust shall be the nominal owner of the Group I Reserve Fund. The Class I-C Certificateholder shall be the beneficial owner of the Group I Reserve Fund, subject to the power of the Securities Administrator on behalf of the Trustee to transfer amounts under Section 6.04. Amounts in the Group I Reserve Fund I and Reserve Fund II shall shall, at the written direction of the Class I-C Certificateholder to the Securities Administrator, be invested in Permitted Investments at that mature no later than the direction Business Day prior to the next succeeding Distribution Date. In the absence of written instructions to the Senior UnderwriterSecurities Administrator, amounts on deposit in the Group I Reserve Fund shall remain uninvested. All net income and gain realized from investment of funds deposited in the Reserve Fund I such investments shall be deposited in distributed to the Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. SimilarlyClass I-C Certificateholders, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred not as a distribution in respect of any interest in any REMIC, at such time as they shall direct. All amounts earned on amounts on deposit in the Group I Reserve Fund shall be taxable to the Class I-C Certificateholder. Any losses on such investments shall be deposited in the related Group I Reserve Fund by the Senior Underwriter Class I-C Certificateholder out of its own funds immediately as realized without any right realized. (c) On or before the Closing Date, the Securities Administrator shall establish a Group II Reserve Fund on behalf of reimbursementthe Holders of the Group II Certificates. On the Closing Date, the Depositor shall cause an amount equal to the Group II Reserve Fund Deposit to be deposited in the Group II Reserve Fund. The balance, if any, remaining in Group II Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an Eligible Account. The Group II Reserve Fund shall be entitled “Group II Reserve Fund, LaSalle Bank National Association, as Securities Administrator on behalf of Citibank, N.A. as Trustee for the benefit of holders of Bear Xxxxxxx Asset Backed Securities I LLC, SACO I Trust 2006-2, Mortgage-Backed Certificates, Series 2006-2, Group II Certificates”. On each Distribution Date as to which there is a Group II Basis Risk Shortfall Carry Forward Amount payable to any Class of Class II-A, Class II-M or Class II-B Certificates, the Securities Administrator shall deposit the amounts distributable pursuant to clauses (C) and (D) of Section 6.04(b)(3) into the Group II Reserve Fund, and the Securities Administrator has been directed by the Class II-C Certificateholder to distribute any amounts then on deposit in the Group II Reserve Fund to the Holders of the Class II-A, Class II-M or Class II-B Certificates in respect of the Group II Basis Risk Shortfall Carry Forward Amounts for each such Class in the priorities set forth in clauses (C) and (D) of Section 6.04(b)(3). Any amount paid to the Holders of Class II-A, Class II-M or Class II-B Certificates from amounts distributable pursuant to clauses (C) and (D) of Section 6.04(b)(3) pursuant to the preceding sentence in respect of Group II Basis Risk Shortfall Carry Forward Amounts shall be treated as distributed to the Class II-C Certificateholder in respect of the Class II-C Certificates and paid by the Class II-C Certificateholder to the Holders of the Class II-A, Class II-M and Class II-B Certificates, as applicable. Any payments to the Holders of the Class II-A, Class II-M and Class II-B Certificates in respect of Group II Basis Risk Shortfall Carry Forward Amounts pursuant to the second preceding sentence shall not be payments with respect to a “regular interest” in a REMIC within the meaning of Section 860G(a)(1) of the Code. (d) The Group II Reserve Fund is an “outside reserve fund fund” within the meaning of Treasury Regulation Section 1.860G-2(h) and shall be an asset of the Trust Fund but not an asset of any REMIC and (2) it REMIC. The Trustee on behalf of the Trust shall be owned the nominal owner of the Group II Reserve Fund. The Class II-C Certificateholder shall be the beneficial owner of the Group II Reserve Fund, subject to the power of the Securities Administrator on behalf of the Trustee to transfer amounts under Section 6.04. Amounts in the Group II Reserve Fund shall, at the written direction of the Class II-C Certificateholder to the Securities Administrator, be invested in Permitted Investments that mature no later than the Business Day prior to the next succeeding Distribution Date. In the absence of written instructions to the Securities Administrator, amounts on deposit in the Group II Reserve Fund shall remain uninvested. All net income and gain from such investments shall be distributed to the Class II-C Certificateholders, not as a distribution in respect of any interest in any REMIC, at such time as they shall direct. All amounts earned on amounts on deposit in the Group II Reserve Fund shall be taxable to the Class II-C Certificateholder. Any losses on such investments shall be deposited in the Group II Reserve Fund by the Senior Underwriter, all within the meaning Class II-C Certificateholder out of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one personits own funds immediately as realized.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SACO I Trust 2006-2)

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Reserve Funds. (a) No later than the Closing Date, the Trustee will Securities Administrator shall establish and maintain two separate segregated trust accounts titled, “Class I-A-1 Reserve Fund, Wexxx Xargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-5, Class I-A-1 Mortgage Pass-Through Certificates” and “Class II-A-1 Reserve Fund, Wexxx Xargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-5, Class II-A-1 Mortgage Pass-Through Certificates.” (b) On each Distribution Date, the Securities Administrator will deposit into the Class I-A-1 Reserve Fund I and Reserve Fund II. On the Closing Date the Senior Underwriter shall deposit with the Trustee, and the Trustee shall deposit into Reserve Fund I, cash in an amount equal to the amount by which the sum of the Basis Risk Carryover Amounts with respect to the Class I-A-1 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the related Cap Contract since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (iv) and Section 4.1(b)(1) through (4), the Securities Administrator will withdraw from the Class I-A-1 Reserve Fund I Deposit the amounts on deposit therein (which shall include any payments received under the related Cap Contract) and distribute such amounts to the Class I-A-1 Certificates in respect of any Basis Risk Carryover Amounts due to the Class I-A-1 Certificates as set forth in Section 4.1(a)(v) and (b)(5). (c) On each Distribution Date, the Securities Administrator will deposit into the Class II-A-1 Reserve Fund IIFund, cash in an amount equal to the amount by which the sum of the Basis Risk Carryover Amounts with respect to the Class II-A-1 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the related Cap Contract since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (iv) and Section 4.1(b)(1) through (4), the Securities Administrator will withdraw from the Class II-A-1 Reserve Fund II Deposit. The Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund I for deposit into therein (which shall include any payments received under the Certificate Account, related Cap Contract) and to pay distribute such amounts to the holders Class II-A-1 Certificates in respect of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant Basis Risk Carryover Amounts due to the definition of Accrued Certificate Interest Class II-A-1 Certificates as set forth in Section 4.1(a)(v) and (to the extent not offset by the Master Servicer pursuant to Section 3.16(eb)(5). (d) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of such withdrawal for any Distribution Date, the "Reserve Fund I Withdrawal"). In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Reserve Fund II (the amount of such withdrawal for any Distribution Date, the "Reserve Fund II Withdrawal"). For federal and state income tax purposes, the Senior Underwriter shall Seller will be deemed to be the owner of each Reserve Fund. Upon the termination of the Trust Fund, or the payment in full of the Certificates, all amounts remaining on deposit in the related Reserve Fund I will be released by the Trust Fund and distributed to the Seller or its designees. The Reserve Funds will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class I-A-1 Certificates and Class II-A-1 Certificates of Basis Risk Carryover Amounts will not be payments with respect to a “regular interest” in a REMIC within the meaning of Code Section 860(G)(a)(1). (e) The Seller hereby agrees that the Securities Administrator will deposit into the related Reserve Fund II the amounts described above on each Distribution Date. The Seller further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (f) The Securities Administrator shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to direct any depository institution maintaining the contrary, Reserve Fund I to invest the funds in such account in one or more Eligible Investments bearing interest or sold at a discount, and Reserve Fund II shall not maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an asset of any REMIC. Reserve Fund I Affiliate manages or advises such investment, and Reserve Fund II shall (ii) no later than the date on which such funds are required to be invested in Permitted Investments at withdrawn from such account pursuant to this Agreement, if the direction of the Senior UnderwriterSecurities Administrator or an Affiliate manages or advises such investment. All income and gain realized from earned upon such investment of funds deposited in the Reserve Fund I shall be deposited in into the related Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (f). (g) For federal tax return and information reporting, the right of the Holders of the Class I-A-1 and Class II-A-1 Certificates to receive payments from the related Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments Basis Risk Carryover Amount shall be deposited in the related Reserve Fund by the Senior Underwriter out assigned a value of its own funds immediately as realized without any right of reimbursement. The balance$766,000 and $1,732,000, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC and (2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one personrespectively.

Appears in 1 contract

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

Reserve Funds. (a) No later than the Closing Date, the Trustee will Trust Administrator, on behalf of the Trustee, on behalf of the Certificateholders and the Certificate Insurer, shall establish and maintain with itself two separate, segregated trust accounts titled, "Group I Reserve Fund I and Reserve Fund II. On Fund, Deutsche Bank National Trust Company, as Trust Administrator for the Closing Date the Senior Underwriter shall deposit with the benefit of Wachovia Bank, National Association, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2002-3, Asset-Backed Certificates, Series 2002-3" and "Group II Reserve Fund, Deutsche Bank National Trust Company, as Trust Administrator for the Trustee benefit of Wachovia Bank, National Association, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2002-3, Asset-Backed Certificates, Series 2002-3," respectively. (b) The Trust Administrator shall deposit into Reserve Fund I, cash in an amount equal to the Reserve Fund I Deposit and deposit into Reserve Fund II, cash in an amount equal to Funds the Reserve Fund II Deposit. The Master Servicer shall direct the Trustee in writing on following amounts: (i) On each Distribution Date to withdraw amounts on deposit in Reserve Fund I for deposit into the Certificate Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of such withdrawal for any Distribution Date, the "Trust Administrator shall deposit all amounts received with respect to the Group I Cap Agreement in the Group I Reserve Fund I Withdrawal"). In additionand all amounts received with respect to the Group II Cap Agreement in the Group II Reserve Fund; (ii) On the Closing Date, the Master Servicer Depositor shall direct deposit, or cause to be deposited, into each of the Trustee in writing on Reserve Funds $1,000; (iii) On each Distribution Date as to withdraw which there is a Net WAC Rate Carryover Amount payable to the Class I-A Certificates, the Trust Administrator has been directed by the Class I-C Certificateholders to, and therefore shall, deposit into the Group I Reserve Fund the amounts described in Section 4.01(d)(i)(i). On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class II-A Certificates, the Trust Administrator has been directed by the Class II-C Certificateholders to, and therefore shall, deposit into the Group II Reserve Fund the amounts described in Section 4.01(d)(ii)(g); and (iv) On each Distribution Date as to which there are no Net WAC Rate Carryover Amounts, the Trust Administrator shall deposit into each Reserve Fund on behalf of the related Class C Certificateholders, from amounts otherwise distributable to such Class C Certificateholders, an amount such that when added to other amounts already on deposit in such Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) Each Reserve Fund II shall be segregated into two separate portions, for deposit into which the Certificate Account, and to pay to the holders Trust Administrator shall keep separate accounts. "Portion 1" of any Retail Certificates each Reserve Fund will consist of amounts deposited pursuant to Section 4.02(a3.26(b)(i), above, plus any amounts earned on any such funds while on deposit in the amount Reserve Fund. "Portion 2" of any Relief Act Shortfalls otherwise allocable to any Retail Certificates each Reserve Fund will consist of amounts deposited pursuant to Sections 3.26(b)(ii), (b)(iii), and (b)(iv), above, plus any amounts earned on any such funds while on deposit in the definition Reserve Fund. Amounts distributed from the Reserve Funds under Sections 4.01(d) and 3.26(c) shall be deemed to be distributed first from Portion 1 of Accrued Certificate Interest, such Reserve Fund to the extent of funds on deposit in Reserve Fund II (the amount of such withdrawal for any Distribution Date, the "Reserve Fund II Withdrawal"). For federal income tax purposes, the Senior Underwriter shall be the owner of Reserve Fund I thereof and Reserve Fund II and shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to the contrary, Reserve Fund I and Reserve Fund II shall not be an asset of any REMIC. Reserve Fund I and Reserve Fund II shall be invested in Permitted Investments at the direction of the Senior Underwriter. All income and gain realized then from investment of funds deposited in the Reserve Fund I shall be deposited in the Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments shall be deposited in the related Reserve Fund by the Senior Underwriter out of its own funds immediately as realized without any right of reimbursement. The balance, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC and (Portion 2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one person.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Asset Backed Cert Ser 2002 3)

Reserve Funds. No later than (a) On the Closing Date, the Trustee will shall establish and maintain Reserve Fund I and Reserve Fund II. On in its name, in trust for the Closing Date the Senior Underwriter shall deposit with the Trustee, and the Trustee shall deposit into Reserve Fund I, cash in an amount equal to the Reserve Fund I Deposit and deposit into Reserve Fund II, cash in an amount equal to the Reserve Fund II Deposit. The Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund I for deposit into the Certificate Account, and to pay to benefit of the holders of any Retail Certificates pursuant to Section 4.02(a)the Class 1-A1A Certificates, the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest (to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement)a Class 1-A1A Reserve Fund, to the extent of funds on into which LBH shall deposit in Reserve Fund I (the amount of such withdrawal for any Distribution Date, the "Reserve Fund I Withdrawal")$1,000. In addition, the Master Servicer Trustee shall direct hold the Class 1-A1A Cap Agreement as an asset in the Class 1-A1A Reserve Fund. The Class 1-A1A Reserve Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee in writing on held pursuant to this Agreement. (b) On each Distribution Date to withdraw on which there is a payment received under the Class 1-A1A Cap Agreement that is based on a notional amount in excess of the Class Principal Amount of the Class 1-A1A Certificates (such amount, the “Class 1-X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Class 1-A1A Reserve Fund II for deposit into purposes of determining the Certificate Account, and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Pool 1 Required Reserve Fund II (the amount of such withdrawal Amount for any Distribution Date, the "Reserve Fund II Withdrawal"). For federal income tax purposes, the Senior Underwriter shall be the owner of Reserve Fund I and Reserve Fund II and shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to the contrary, Reserve Fund I and Reserve Fund II Any such Class 1-X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class 1-X Certificateholders, and the Trustee shall distribute such amount to the Class 1-X Certificateholders pursuant to Section 5.02(f)(iii). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(f)(iii) of this Agreement the sum of (without duplication) (a) any REMICpayments made by the Class 1-A1A Cap Provider to the Trust Fund for such Distribution Date with respect to the Class 1-A1A Cap Agreement and (b) any amounts then on deposit in the Class 1-A1A Reserve Fund, including any earnings thereon, in respect of the Class 1-A1A Cap Agreement. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Class 1-A1A Reserve Fund I pursuant to Section 5.02(f)(iii) of this Agreement shall remain on deposit in the Class 1-A1A Reserve Fund. (c) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the holders of the Class 2-A1 Certificates, a Class 2-A1 Reserve Fund, into which LBH shall deposit $1,000. In addition, the Trustee shall hold the Class 2-A1 Cap Agreement as an asset in the Class 2-A1 Reserve Fund. The Class 2-A1 Reserve Fund II shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Trustee held pursuant to this Agreement. (d) On each Distribution Date on which there is a payment received under the Class 2-A1 Cap Agreement that is based on a notional amount in excess of the Class Principal Amount of the Class 2-A1 Certificates (such amount, the “Class 2-X Excess Cap Amount”), the Trustee shall not treat such payments as amounts on deposit in the Class 2-A1 Reserve Fund for purposes of determining the Pool 2 Required Reserve Fund Amount for any Distribution Date. Any such Class 2-X Excess Cap Amount shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Class 2-X Certificateholders, and the Trustee shall distribute such amount to the Class 2-X Certificateholders pursuant to Section 5.02(g)(iii). On each Distribution Date the Trustee shall distribute in the order of priority and to the extent specified in Section 5.02(g)(iii) of this Agreement the sum of (without duplication) (a) any payments made by the Class 2-A1 Cap Provider to the Trust Fund for such Distribution Date with respect to the Class 2-A1 Cap Agreement and (b) any amounts then on deposit in the Class 2-A1 Reserve Fund, including any earnings thereon, in respect of the Class 2-A1 Cap Agreement. On any Distribution Date, any amounts that the Trustee is not required to distribute from the Class 2-A1 Reserve Fund pursuant to Section 5.02(g)(iii) of this Agreement shall remain on deposit in the Class 2-A1 Reserve Fund. (e) Funds in the Class 1-A1A Reserve Fund and the Class 2-A1 Reserve Fund shall be invested in Permitted Investments at the direction Eligible Investments. The Class 1-X Certificates shall evidence ownership of the Senior Underwriter. All income and gain realized from investment of funds deposited in the Class 1-A1A Reserve Fund I and the Class 2-X Certificates shall be deposited in evidence ownership of the Class 2-A1 Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments shall be deposited in the related Reserve Fund by the Senior Underwriter out of its own funds immediately as realized without any right of reimbursement. The balance, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposespurposes and LBH on behalf of the Holders thereof shall direct the Trustee, (1) it in writing, as to investment of amounts on deposit therein. LBH shall be an outside reserve fund and not an asset of liable for any REMIC and (2) it shall be owned by losses incurred on such investments. LBH hereby directs the Senior Underwriter, all within Trustee to invest funds on deposit in the meaning of Section 1.860G-2(h) of the Treasury Regulations. Class 1-A1A Reserve Fund I and the Class 2-A1 Reserve Fund II may not be owned in Citibank’s FS Treasury Instruments Fund Service Class (525) or such other investment as is hereafter specified to the Trustee by more than one personLBH.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 04 4xs)

Reserve Funds. (a) No later than the Closing Date, the Trustee will Trustee, on behalf of the Certificateholders and the Certificate Insurer, shall establish and maintain with itself two separate, segregated trust accounts titled, "Group I Reserve Fund, Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2002-4, Asset-Backed Certificates, Series 2002-4" and "Group II Reserve Fund, Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Long Beach Mortgage Loan Trust 2002-4, Asset-Backed Certificates, Series 2002-4," respectively. The Trustee shall account for the right to receive payments from the Reserve Funds as property that the Trustee holds separate and apart from the REMIC Regular Interests. (b) The Trustee shall deposit into the Reserve Funds the following amounts: (i) On each Distribution Date, the Trustee shall deposit all amounts received with respect to the Group I Cap Agreement in the Group I Reserve Fund I and all amounts received with respect to the Group II Cap Agreement in the Group II Reserve Fund II. Fund; (ii) On the Closing Date, the Depositor shall deposit, or cause to be deposited, into each of the Reserve Funds $1,000; (iii) On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Senior Underwriter shall deposit with Class I-A Certificates, the TrusteeTrustee has been directed by the Class I-C Certificateholders to, and therefore shall, deposit into the Group I Reserve Fund the amounts described in Section 4.01(d)(i)(i). On each Distribution Date as to which there is a Net WAC Rate Carryover Amount payable to the Class II-A Certificates, the Trustee has been directed by the Class II-C Certificateholders to, and therefore shall, deposit into the Group II Reserve Fund the amounts described in Section 4.01(d)(ii)(g); and (iv) On each Distribution Date as to which there are no Net WAC Rate Carryover Amounts, the Trustee shall deposit into each Reserve Fund Ion behalf of the related Class C Certificateholders, cash in from amounts otherwise distributable to such Class C Certificateholders, an amount equal such that when added to the Reserve Fund I Deposit and deposit into Reserve Fund II, cash in an amount equal to the Reserve Fund II Deposit. The Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw other amounts already on deposit in such Reserve Fund, the aggregate amount on deposit therein is equal to $1,000. (c) Each Reserve Fund I shall be segregated into two separate portions, for deposit into which the Certificate Account, and to pay to the holders Trustee shall keep separate accounts. "Portion 1" of any Retail Certificates each Reserve Fund will consist of amounts deposited pursuant to Section 4.02(a3.26(b)(i), above, plus any amounts earned on any such funds while on deposit in the amount Reserve Fund. "Portion 2" of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates each Reserve Fund will consist of amounts deposited pursuant to Sections 3.26(b)(ii), (b)(iii), and (b)(iv), above, plus any amounts earned on any such funds while on deposit in the definition Reserve Fund. Amounts distributed from the Reserve Funds under Sections 4.01(d) and 3.26(c) shall be deemed to be distributed first from Portion 1 of Accrued Certificate Interest (such Reserve Fund to the extent not offset by the Master Servicer pursuant to Section 3.16(e) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of such withdrawal for any Distribution Date, the "Reserve Fund I Withdrawal"). In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into the Certificate Account, thereof and to pay to the holders of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant to the definition of Accrued Certificate Interest, to the extent of funds on deposit in Reserve Fund II (the amount of such withdrawal for any Distribution Date, the "Reserve Fund II Withdrawal"). For federal income tax purposes, the Senior Underwriter shall be the owner of Reserve Fund I and Reserve Fund II and shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to the contrary, Reserve Fund I and Reserve Fund II shall not be an asset of any REMIC. Reserve Fund I and Reserve Fund II shall be invested in Permitted Investments at the direction of the Senior Underwriter. All income and gain realized then from investment of funds deposited in the Reserve Fund I shall be deposited in the Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments shall be deposited in the related Reserve Fund by the Senior Underwriter out of its own funds immediately as realized without any right of reimbursement. The balance, if any, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes, (1) it shall be an outside reserve fund and not an asset of any REMIC and (Portion 2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one person.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Long Beach Sec Corp Mortgage Loan Trust 2002-4)

Reserve Funds. (a) No later than the Closing Date, the Trustee will Securities Administrator shall establish and maintain four separate segregated trust accounts titled, "Class I-A-1 Reserve Fund, Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-2, Class I-A-1 Mortgage Pass-Through Certificates," "Class I-A-3 Reserve Fund, Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-2, Class I-A-3 Mortgage Pass-Through Certificates", "Class I-A-5 Reserve Fund, Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-2, Class I-A-5 Mortgage Pass-Through Certificates", and "Class II-A-1 Reserve Fund, Wxxxx Fargo Bank, National Association, in trust for the registered holders of Deutsche Alt-A Securities, Inc. Mortgage Loan Trust, Series 2005-2, Class II-A-1 Mortgage Pass-Through Certificates." (b) On each Distribution Date, the Securities Administrator will deposit (from amounts otherwise payable to the Class B-3, Class B-4 and Class B-5 Certificates, pursuant to Section 4.1(a)(v)) into the Class I-A-1 Reserve Fund I and Reserve Fund II. On the Closing Date the Senior Underwriter shall deposit with the Trustee, and the Trustee shall deposit into Reserve Fund I, cash in an amount equal to the amount by which the sum of the Net WAC Rate Carryover Amounts with respect to the Class I-A-1 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the related Cap Agreement since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (iv), the Securities Administrator will withdraw from the Class I-A-1 Reserve Fund I Deposit the amounts on deposit therein (which shall include any payments received under the related Cap Contract) and distribute such amounts to the Class I-A-1 Certificates in respect of any Net WAC Rate Carryover Amounts due to the Class I-A-1 Certificates as set forth in Section 4.1(a)(v) and (b)(iv). (c) On each Distribution Date, the Securities Administrator will deposit (from amounts otherwise payable to the Class B-3, Class B-4 and Class B-5 Certificates, pursuant to Section 4.1(a)(v)) into the Class I-A-3 Reserve Fund II, cash in an amount equal to the amount by which the sum of the Net WAC Rate Carryover Amounts with respect to the Class I-A-3 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the related Cap Contract since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (iv), the Securities Administrator will withdraw from the Class I-A-3 Reserve Fund II Deposit. The Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund I for deposit into therein (which shall include any payments received under the Certificate Account, related Cap Contract) and to pay distribute such amounts to the holders Class I-A-3 Certificates in respect of any Retail Certificates pursuant to Section 4.02(a), the amount of Prepayment Interest Shortfalls otherwise allocable to any Retail Certificates pursuant Net WAC Rate Carryover Amounts due to the definition of Accrued Certificate Interest Class I-A-3 Certificates as set forth in Section 4.1(a)(v) and (to the extent not offset by the Master Servicer pursuant to Section 3.16(eb)(iv). (d) of this Series Supplement), to the extent of funds on deposit in Reserve Fund I (the amount of such withdrawal for any On each Distribution Date, the "Securities Administrator will deposit (from amounts otherwise payable to the Class B-3, Class B-4 and Class B-5 Certificates, pursuant to Section 4.1(a)(v)) into the Class I-A-5 Reserve Fund, an amount equal to the amount by which the sum of the Net WAC Rate Carryover Amounts with respect to the Class I-A-5 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the related Cap Contract since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (iv), the Securities Administrator will withdraw from the Class I-A-5 Reserve Fund I Withdrawal"). In addition, the Master Servicer shall direct the Trustee in writing on each Distribution Date to withdraw amounts on deposit in Reserve Fund II for deposit into therein (which shall include any payments received under the Certificate Account, related Cap Contract) and to pay distribute such amounts to the holders Class I-A-5 Certificates in respect of any Retail Certificates pursuant to Section 4.02(a), the amount of any Relief Act Shortfalls otherwise allocable to any Retail Certificates pursuant Net WAC Rate Carryover Amounts due to the definition of Accrued Certificate Interest, to the extent of funds on deposit Class I-A-5 Certificates as set forth in Reserve Fund II Section 4.1(a)(v) and (the amount of such withdrawal for any b)(iv). (e) On each Distribution Date, the "Securities Administrator will deposit (from amounts otherwise payable to the Class B-3, Class B-4 and Class B-5 Certificates, pursuant to Section 4.1(a)(v)) into the Class II-A-1 Reserve Fund, an amount equal to the amount by which the sum of the Net WAC Rate Carryover Amounts with respect to the Class II-A-1 Certificates exceeds the sum of any amounts received by the Securities Administrator with respect to the related Cap Contract since the prior Distribution Date. On each Distribution Date, after making the distributions required under Section 4.1(a)(i) through (iv), the Securities Administrator will withdraw from the Class II-A-1 Reserve Fund II Withdrawal"the amounts on deposit therein (which shall include any payments received under the related Cap Contract) and distribute such amounts to the Class II-A-1 Certificates in respect of any Net WAC Rate Carryover Amounts due to the Class II-A-1 Certificates as set forth in Section 4.1(a)(v) and (b)(iv). . (f) For federal and state income tax purposes, the Senior Underwriter shall Seller will be deemed to be the owner of each Reserve Fund. Upon the termination of the Trust Fund, or the payment in full of the Certificates, all amounts remaining on deposit in the related Reserve Fund I will be released by the Trust Fund and distributed to the Seller or its designees. The Reserve Funds will be part of the Trust Fund but not part of any REMIC and any payments to the Holders of the Class I-A-1, Class I-A-3, Class I-A-5 and Class II-A-1 Certificates of Net WAC Rate Carryover Amounts will not be payments with respect to a "regular interest" in a REMIC within the meaning of Code Section 860(G)(a)(1). (g) The Seller hereby agrees that the Securities Administrator will deposit into the related Reserve Fund II the amounts described above on each Distribution Date. The Seller further agrees that its agreement to such action by the Securities Administrator is given for good and valuable consideration, the receipt and sufficiency of which is acknowledged by such acceptance. (h) The Securities Administrator shall report all items of income, deduction, gain or loss arising therefrom. Notwithstanding anything herein to direct any depository institution maintaining the contrary, Reserve Fund I to invest the funds in such account in one or more Eligible Investments bearing interest or sold at a discount, and Reserve Fund II shall not maturing, unless payable on demand, (i) no later than the Business Day immediately preceding the date on which such funds are required to be withdrawn from such account pursuant to this Agreement, if a Person other than the Securities Administrator or an asset of any REMIC. Reserve Fund I Affiliate manages or advises such investment, and Reserve Fund II shall (ii) no later than the date on which such funds are required to be invested in Permitted Investments at withdrawn from such account pursuant to this Agreement, if the direction of the Senior UnderwriterSecurities Administrator or an Affiliate manages or advises such investment. All income and gain realized from earned upon such investment of funds deposited in the Reserve Fund I shall be deposited in into the related Reserve Fund. In no event shall the Securities Administrator be liable for any investments made pursuant to this clause (h). (i) For federal tax return and information reporting, the right of the Holders of the Class I-A-1, Class I-A-3, Class I-A-5 and Class II-A-1 Certificates to receive payments from the related Reserve Fund I for the sole use and exclusive benefit of the Reserve Fund I. Similarly, all income and gain realized from investment of funds deposited in the Reserve Fund II shall be deposited in the Reserve Fund II for the sole use and exclusive benefit of the Reserve Fund II. The amount of any loss incurred in respect of any such investments Net WAC Rate Carryover Amount shall be deposited in the related Reserve Fund by the Senior Underwriter out assigned a value of its own funds immediately as realized without any right of reimbursement. The balance$400,000, if any$160,000, remaining in Reserve Fund I or Reserve Fund II on the Distribution Date on which the Certificate Principal Balance of the Retail Certificates is reduced to zero will be distributed by the Trustee to the Senior Underwriter. To the extent that Reserve Fund I or Reserve Fund II constitutes a reserve fund for federal income tax purposes$199,000 and $95,000, (1) it shall be an outside reserve fund and not an asset of any REMIC and (2) it shall be owned by the Senior Underwriter, all within the meaning of Section 1.860G-2(h) of the Treasury Regulations. Reserve Fund I and Reserve Fund II may not be owned by more than one personrespectively.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2005-2)

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