Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 17 contracts
Samples: Primary Servicing Agreement (Bank5 2024-5yr12), Primary Servicing Agreement (Bank5 2024-5yr12), Primary Servicing Agreement (Bank5 2024-5yr12)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans Loan and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, defeasance fees and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loan and the Serviced Companion Loans whether or not performed by the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loan and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loan and the Serviced Companion Loans, (vi) 50100% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans Loan or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Compensating Interest Payments, Payments or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 6 contracts
Samples: Primary Servicing Agreement (UBS Commercial Mortgage Trust 2018-C15), Primary Servicing Agreement (UBS Commercial Mortgage Trust 2018-C14), Primary Servicing Agreement (UBS Commercial Mortgage Trust 2019-C17)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee RateFee. The second paragraph and fourth paragraphs of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, Account and the Primary Servicer Companion Distribution Serviced Whole Loan Collection Account and certain Servicing Borrower Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 50% of that portion of late fees (but not Default Interest) on the Mortgage Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover Advance Interest or Additional Trust Fund Expenses and, in the case of the Serviced Whole Loans, to the extent allocated to the related Mortgage Loan in the related Intercreditor Agreement, (iii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items funds with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a)(iii) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Modification Fees, review fees, consent fees, Assumption Fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the or Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(20) of this Agreement, (ivv) 50100% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the or Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(20) of this Agreement, (vvi) 10050% of that portion of any beneficiary statement or demand Modification Fees, consent fees and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review similar fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the or Serviced Companion Loans, (viLoans in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(35) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing this Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans defeasance fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans or Serviced Companion Loans in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(20) of this Agreement and (other than as required viii) 100% of that portion of any beneficiary statement charges and demand fees to which the Master Servicer is entitled under Section 3.12(a)(iv) of the Pooling and Servicing Agreement with respect to cover payment of interest on Advances the Mortgage Loans or other reimbursement of additional trust fund expenses)Serviced Companion Loans. The Primary Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(23).
Appears in 6 contracts
Samples: Primary Servicing Agreement (GS Mortgage Securities Trust 2015-Gs1), Primary Servicing Agreement (CFCRE 2016-C3 Mortgage Trust), Primary Servicing Agreement (Citigroup Commercial Mortgage Trust 2016-Gc36)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph third and fourth paragraphs of Section 3.11(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not Loans, (v) 50% of that portion of any defeasance fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement with respect to the Mortgage Loans and Serviced Companion Loans, and (vvi) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Prepayment Interest Excesses, Compensating Interest Payments, Default Interest, Penalty Charges, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 4 contracts
Samples: Primary Servicing Agreement (CF 2019-Cf3 Mortgage Trust), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2019-L3), Primary Servicing Agreement (UBS Commercial Mortgage Trust 2018-C11)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references in the definition of “Servicing Fee” to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Borrower Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a)(iii) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review Fees (or similar fees), consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(35) of this Agreement, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees Assumption Fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loans, and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Compensating defeasance fees, Prepayment Interest PaymentsExcesses, Default Interest, Penalty Charges, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(22).
Appears in 4 contracts
Samples: Primary Servicing Agreement (COMM 2014-Ubs3 Mortgage Trust), Primary Servicing Agreement (COMM 2013-Ccre13 Mortgage Trust), Primary Servicing Agreement (COMM 2013-Ccre13 Mortgage Trust)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans Loan and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loan and the Serviced Companion Loans whether or not performed by the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loan and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loan and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans Loan or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 4 contracts
Samples: Primary Servicing Agreement (Bank5 2023-5yr4), Primary Servicing Agreement (Bank5 2023-5yr4), Primary Servicing Agreement (Bank 2023-Bnk46)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph and third paragraphs of Section 3.11(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loans, (v) 50% of that portion of any defeasance fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and the Serviced Companion Loans whether or not Servicing Agreement in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement with respect to the Mortgage Loans, and (vvi) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Prepayment Interest Excesses, Compensating Interest Payments, Default Interest, Penalty Charges, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 3 contracts
Samples: Primary Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2016-C32), Primary Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2016-C31), Primary Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2016-C29)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second third paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not Loans, (v) 50% of that portion of any defeasance fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement with respect to the Mortgage Loans and Serviced Companion Loans, and (vvi) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Prepayment Interest Excesses, Compensating Interest Payments, Default Interest, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 3 contracts
Samples: Primary Servicing Agreement (BBCMS Mortgage Trust 2024-5c27), Primary Servicing Agreement (BBCMS Mortgage Trust 2024-C26), Primary Servicing Agreement (BBCMS Mortgage Trust 2020-C7)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph third and fourth paragraphs of Section 3.11(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans Loan to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not Loan in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not Loan, (v) 50% of that portion of any defeasance fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement with respect to the Mortgage Loans and Serviced Companion Loan, and (vvi) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses)Loan. The Primary Servicer shall not be entitled to any Prepayment Interest Excesses, Compensating Interest Payments, Default Interest, Penalty Charges, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 2 contracts
Samples: Primary Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2017-C33), Primary Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2017-C33)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Sub-Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee RateFee. The second paragraph third and sixth paragraphs of Section 3.11(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Sub-Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Sub-Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 50% of that portion of late fees (but not Default Interest) on the Mortgage Loans and Serviced Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover interest on Advances or additional Trust Fund expenses, (iii) 100% of any amounts collected by the Primary Sub-Servicer for checks returned for insufficient funds, demand fees or similar items funds with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Modification Feesassumption fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a)(iii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(16) of this Agreement, review (v) 100% of that portion of any assumption application fees to which the Master Servicer is entitled under Section 3.11(a)(ii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(18) of this Agreement, (vi) 50% of that portion of any modification fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Sections 3.11(a)(i) and (iii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(27) of this Agreement, (vii) 50% of that portion of any defeasance fees to which the Master Servicer is entitled under Section 3.11(a)(ii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(27) of this Agreement and (viii) 100% of that portion of any beneficiary statement charges and demand fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Sub-Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(19).
Appears in 2 contracts
Samples: Sub Servicing Agreement (UBS Commercial Mortgage Trust 2017-C7), Sub Servicing Agreement (UBS Commercial Mortgage Trust 2017-C6)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and Fee. All references to the Servicing Fee Rate Collection Account shall be references to the Primary Servicing Fee RateServicer Collection Account and references to the Loan Combination Collection Account shall be references to the Primary Servicer Loan Combination Collection Account. The second paragraph Except as provided in the last sentence of this Section 3.11(a3.01(c)(21), the Primary Servicer shall not be entitled to any other additional fees, including but not limited to Penalty Charges, Assumption Fees, assumption application fees, Modification Fees, Prepayment Interest Excess to the extent required by Section 3.17(c) of the Pooling and Servicing Agreement is not incorporated hereinto offset Prepayment Interest Shortfalls on all Mortgage Loans, defeasance fees and consent fees. In addition, the The Primary Servicer shall be promptly remit to the Master Servicer any such payments or fees (including Assumption Fees and Assumption Application Fees) received by it. The Primary Servicer is entitled to receiveto, as additional servicing compensation, (A) amounts imposed by the Primary Servicer and collected for checks returned for insufficient funds on Mortgage Loans or Loan Combination to the extent the Master Servicer is entitled to such amounts under Section 3.12(a) of the Pooling and Servicing Agreement, (iB) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account charges for beneficiary statements or demands and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected other loan processing fees for services provided by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to actually paid by the Borrowers under the Mortgage Loans and the related Companion Loans that are not Specially Serviced Companion Loans to the extent the Master Servicer is entitled to such items amounts under Section 3.11(a3.12(a) of the Pooling and Servicing Agreement, (iiiC) 50% of that portion of Prepayment Interest Excesses arising from any Excess Modification Fees, review fees, consent fees, and similar fees principal prepayments on the Mortgage Loans to which the Master Servicer is entitled under extent not required by Section 3.11(a3.17(c) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of offset Prepayment Interest Excesses relating to the Shortfalls on all Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing AgreementLoans, and (viiD) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, those amounts listed in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a3.12(a)(i) of the Pooling and Servicing Agreement (other than as required under with references in this clause (D) to the Pooling Collection Account being references to the Primary Servicer Collection Account and Servicing Agreement references to cover payment of interest on Advances or other reimbursement of additional trust fund expensesthe Loan Combination Collection Account being references to the Primary Servicer Loan Combination Collection Account). The To the extent the Master Servicer receives from the Special Servicer any of the above additional compensation due to the Primary Servicer, then the Master Servicer shall not be entitled shall, within five (5) Business Days, pay such amounts to any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(18)the Primary Servicer.
Appears in 2 contracts
Samples: Primary Servicing Agreement (DBUBS 2011-Lc3 Mortgage Trust), Primary Servicing Agreement (DBUBS 2011-Lc3 Mortgage Trust)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not Loans, (v) 50% of that portion of any defeasance fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement with respect to the Mortgage Loans and Serviced Companion Loans, and (vvi) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Prepayment Interest Excesses, Compensating Interest Payments, Default Interest, Penalty Charges, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 2 contracts
Samples: Primary Servicing Agreement (UBS Commercial Mortgage Trust 2018-C14), Primary Servicing Agreement (BBCMS Mortgage Trust 2018-C2)
Section 3. 11(a04(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receiveestablish a custodial account (hereinafter the “Primary Servicer Certificate Account”), as additional servicing compensation, to meeting all of the extent requirements of the Master Servicer is entitled to such amounts Certificate Account under the Pooling and Servicing Agreement, (i) all investment income earned and references to the Certificate Account shall be references to such Primary Servicer Certificate Account. The creation of any Primary Servicer Certificate Account shall be evidenced by a certification in the form of Exhibit F attached hereto and a copy of such certification shall be furnished to the Master Servicer on amounts on deposit in or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the Primary Servicer Collection Certificate Account, . Notwithstanding the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% third paragraph of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.04(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of the Primary Servicer shall deposit into the Primary Servicer Certificate Account and include in its Primary Servicer Remittance Amount all Default Interest, any Excess late payment fees, Modification Fees, review defeasance fees, assumption fees, loan service transaction fees, assumption application fees, extension fees, consent fees, and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether Prepayment Interest Excess, charges for beneficiary statements or not performed by the Primary Servicerdemands, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review other fees and amounts collected from Mortgagors that constitute additional servicing compensation and/or additional special servicing compensation (in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents each case, other than those to which the Master Primary Servicer is entitled under pursuant to Section 3.11(a3.01(c)(19) of this Agreement). Any amounts of additional Special Servicing Compensation payable to the Special Servicer shall be remitted to the Special Servicer by the Master Servicer. For purposes of the penultimate paragraph of Section 3.04(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion LoansAgreement, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under shall direct the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating Special Servicer to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover make payment of interest on Advances or other reimbursement of additional trust fund expenses). The amounts referenced therein directly to the Primary Servicer shall not be entitled to any Compensating Interest Payments, or other amounts not specifically addressed above for deposit in this Section 3.01(c)(18)the Primary Servicer Certificate Account.
Appears in 2 contracts
Samples: Primary Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-Cibx), Primary Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-Cibx)
Section 3. 11(a)18. References Notwithstanding anything herein to the Servicing Fee shall be references to contrary, the Primary Servicing Fee and references Servicer will not take any action with respect to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of any modification, extension, waiver, consent, defeasance, Major Decision, Special Servicer Decision or other action contemplated by Section 3.11(a) 3.18 of the Pooling and Servicing Agreement is not incorporated herein. In addition, unless the Primary Servicer shall be entitled to receive, as additional servicing compensation, to has confirmed with the extent Master Servicer that the Master Servicer is entitled either obligated to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent process or has mutually agreed with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Special Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans process such transaction pursuant to Section 3.18 and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) 3.33 of the Pooling and Servicing Agreement. Following such confirmation, (iii) 50% of that portion of the Primary Servicer will not permit or consent to any Excess Modification Feesmodification, review feesextension, consent feeswaiver, and similar fees to which the Master consent, defeasance, Major Decision, Special Servicer is entitled under Decision or other action contemplated by Section 3.11(a) 3.18 of the Pooling and Servicing Agreement with without the prior written consent of the Master Servicer. With respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by any such proposed action, the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees Servicer shall perform and assumption application fees (or similar fees) forward to which the Master Servicer is entitled any analysis, recommendation or other information required to be prepared and/or delivered by the Master Servicer under Section 3.11(a) 3.18 and Section 3.33 of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or Agreement. The Master Servicer, not performed by the Primary Servicer, (v) 100% of that portion of will deal directly with the Special Servicer in connection with obtaining any beneficiary statement necessary approval or demand and other customary charges and amounts collected by consent from the Special Servicer; however, when processing loan-related events delegated to it through this Agreement, the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection may consult with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which Special Servicer as needed, provided that it copies the Master Servicer is entitled under Section 3.11(a) on all related correspondence to the Special Servicer and includes a representative of the Pooling Master Servicer on all related calls with the Special Servicer and Servicing Agreement otherwise keeps the Master Servicer fully informed as to the results of such consultations. When forwarding a request for the approval of any retail lease or renewal or extension thereof, the Primary Servicer shall forward to the Master Servicer the information concerning such lease required by, and in the form of, Exhibit I attached hereto. The Primary Servicer will not permit any Principal Prepayment or defeasance with respect to the any Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans Loan or Serviced Companion Loans to which Loan without the written consent of the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses)Servicer. The Primary Servicer shall not be entitled promptly forward all requests for Principal Prepayments or defeasance to any Compensating Interest Paymentsthe Master Servicer, or other amounts not specifically addressed above in this Section 3.01(c)(18)along with a payoff statement (with respect to each Principal Prepayment request) setting forth the amount of the necessary Principal Prepayment calculated by the Primary Servicer.
Appears in 2 contracts
Samples: Primary Servicing Agreement (UBS Commercial Mortgage Trust 2018-C11), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2018-H3)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Sub-Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee RateFee. The second paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Sub-Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Sub-Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 50% of that portion of late fees (but not Default Interest) on the Mortgage Loans and Serviced Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover interest on Advances or additional Trust Fund expenses, (iii) 100% of any amounts collected by the Primary Sub-Servicer for checks returned for insufficient funds, demand fees or similar items funds with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Modification Feesassumption fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a)(iii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(16) of this Agreement, review (v) 100% of that portion of any assumption application fees to which the Master Servicer is entitled under Section 3.11(a)(ii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(18) of this Agreement, (vi) 50% of that portion of any modification fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Sections 3.11(a)(i) and (iii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(26) of this Agreement, (vii) 50% of that portion of any defeasance fees to which the Master Servicer is entitled under Section 3.11(a)(ii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(26) of this Agreement and (viii) 100% of that portion of any beneficiary statement charges and demand fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Sub-Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(19).
Appears in 2 contracts
Samples: Sub Servicing Agreement (Morgan Stanley Capital I Trust 2019-H6), Sub Servicing Agreement (BBCMS Mortgage Trust 2018-C2)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references in the definition of “Servicing Fee” to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The last three sentences of the first paragraph and the second paragraph of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Mortgagor Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 50% of that portion of Excess Penalty Charges relating to late fees (but not Default Interest) on Mortgage Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover Advance Interest or Additional Trust Fund Expenses, (iii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Modification Fees, review fees, consent fees, Assumption Fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(16) of this Agreement, (ivv) 50100% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a3.12(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(16) of this Agreement, (vvi) 10050% of that portion of any beneficiary statement or demand Excess Modification Fees, Consent Fees and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review similar fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a3.12(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and in connection with matters performed by the Serviced Companion Loans, (viPrimary Servicer pursuant to Section 3.01(c)(28) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing this Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans defeasance fees to which the Master Servicer is entitled under Section 3.11(a3.12(a) of the Pooling and Servicing Agreement with respect to Mortgage Loans in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(16) of this Agreement, and (other than as required viii) 100% of that portion of any beneficiary statement charges to which the Master Servicer is entitled under Section 3.12(a) of the Pooling and Servicing Agreement with respect to cover payment of interest on Advances or other reimbursement of additional trust fund expenses)the Mortgage Loans. The Primary Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(19).
Appears in 2 contracts
Samples: Primary Servicing Agreement (GS Mortgage Securities Trust 2015-Gc34), Primary Servicing Agreement (GS Mortgage Securities Trust 2015-Gc28)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee RateFee. The second paragraph second, third and fourth paragraphs of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Borrower Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 50% of that portion of late fees (but not Default Interest) on the Mortgage Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover Advance Interest or Additional Trust Fund Expenses, (iii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items funds with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a)(iii) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Modification Fees, review fees, consent fees, Assumption Fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(19) of this Agreement, (ivv) 50100% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(19) of this Agreement, (vvi) 10050% of that portion of any beneficiary statement or demand Modification Fees, consent fees and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review similar fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and in connection with matters performed by the Serviced Companion Loans, (viPrimary Servicer pursuant to Section 3.01(c)(35) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing this Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans defeasance fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(19) of this Agreement and (other than as required viii) 100% of that portion of any beneficiary statement charges and demand fees to which the Master Servicer is entitled under Section 3.12(a)(iv) of the Pooling and Servicing Agreement with respect to cover payment of interest on Advances or other reimbursement of additional trust fund expenses)the Mortgage Loans. The Primary Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(22).
Appears in 1 contract
Samples: Primary Servicing Agreement (COMM 2015-Ccre26 Mortgage Trust)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee RateFee. The second paragraph and fourth paragraphs of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Borrower Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 50% of that portion of late fees (but not Default Interest) on the Mortgage Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover Advance Interest or Additional Trust Fund Expenses, (iii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items funds with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a)(viii) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Modification Fees, review fees, consent fees, Assumption Fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(v) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(20) of this Agreement, (ivv) 50100% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a3.12(a)(vii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(20) of this Agreement, (vvi) 10050% of that portion of any beneficiary statement or demand Modification Fees, consent fees and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review similar fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and in connection with matters performed by the Serviced Companion Loans, (viPrimary Servicer pursuant to Section 3.01(c)(35) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing this Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans defeasance fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(vi) of the Pooling and Servicing Agreement with respect to the Mortgage Loans in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(20) of this Agreement and (other than as required viii) 100% of that portion of any beneficiary statement charges and demand fees to which the Master Servicer is entitled under Section 3.12(a)(iv) of the Pooling and Servicing Agreement with respect to cover payment of interest on Advances or other reimbursement of additional trust fund expenses)the Mortgage Loans. The Primary Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(23).
Appears in 1 contract
Samples: Primary Servicing Agreement (CFCRE 2017-C8 Mortgage Trust)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Certificate Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans Loan to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not Loan in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(24) of this Agreement, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary ServicerLoan, and (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses)Loan. The Primary Servicer shall not be entitled to any defeasance fees, Prepayment Interest Excesses, Compensating Interest Payments, Default Interest, Penalty Charges, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 1 contract
Samples: Primary Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2015-C28)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee RateFee. The second paragraph and third paragraphs of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Serviced Loan Combination Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Borrower Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 50% of that portion of late fees (but not Default Interest) on the Serviced Loan Combination to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover Advance Interest or Additional Trust Fund Expenses, (iii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items funds with respect to the Mortgage Loans and the Serviced Companion Loans Loan Combination to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a)(iii) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Assumption Fees and any similar fees to which the Master Servicer is entitled under Section 3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Serviced Loan Combination in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(19) of this Agreement, (v) 100% of that portion of any assumption application fees to which the Master Servicer is entitled under Section 3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Serviced Loan Combination in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(19) of this Agreement, (vi) 50% of that portion of any Modification Fees, review fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not Loan Combination in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(35) of this Agreement, (ivvii) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not Loan Combination in connection with matters performed by the Primary Servicer, Servicer pursuant to Section 3.01(c)(19) of this Agreement and (vviii) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review demand fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses)Loan Combination. The Primary Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(22).
Appears in 1 contract
Samples: Primary Servicing Agreement (COMM 2015-Ccre24 Mortgage Trust)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references in the definition of “Servicing Fee” to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. All references to the Collection Account shall be references to the Primary Servicer Collection Account and all references to the Loan Combination Custodial Account shall be references to the Primary Servicer Loan Combination Custodial Account. The second last four sentences of the first paragraph and the third paragraph of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Loan Combination Custodial Account and Primary Servicer Companion Distribution Collection Account and certain Servicing Mortgagor Accounts (to the extent consistent with the related Loan Documents) and 100% of Prepayment Interest Excesses relating to the Mortgage Loan documents)Loans and Serviced Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, (ii) 100% of that portion of Excess Penalty Charges relating to late fees and 50% of that portion of Excess Penalty Charges relating to Default Interest on the Mortgage Loans and Serviced Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover Advance Interest or Additional Trust Fund Expenses, (iii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, and similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents documents, (iv) 50% of that portion of any Assumption Fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion LoansLoans regardless of whether such matters are performed by the Primary Servicer pursuant to Section 3.01(c)(17) of this Agreement, (viv) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans assumption application fees to which the Master Servicer is entitled under Section 3.11(a3.12(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans regardless of whether such matters are performed by the Primary Servicer pursuant to Section 3.01(c)(17) of this Agreement, (other than as required vi) 50% of that portion of any Excess Modification Fees, Consent Fees and similar fees to which the Master Servicer is entitled under Section 3.12(a) of the Pooling and Servicing Agreement with respect to cover payment the Mortgage Loans and Serviced Companion Loans regardless of interest on Advances or other reimbursement whether such matters are performed by the Primary Servicer pursuant to Section 3.01(c)(30) of additional trust fund expenses)this Agreement, (vii) 50% of that portion of any defeasance fees to which the Master Servicer is entitled under Section 3.12(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(17) of this Agreement, and (viii) 100% of that portion of any beneficiary statement charges to which the Master Servicer is entitled under Section 3.12(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and Serviced Companion Loans. The Primary Servicer shall not be entitled to any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(20).
Appears in 1 contract
Samples: Primary Servicing Agreement (Benchmark 2019-B9 Mortgage Trust)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Certificate Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary ServicerLoans, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loans, and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any defeasance fees, Prepayment Interest Excesses, Compensating Interest Payments, Default Interest, Penalty Charges, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 1 contract
Samples: Primary Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C15)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references in the definition of “Servicing Fee” to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Borrower Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Pari Passu Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a)(iii) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees (or similar fees), Assumption Fees, review fees, consent fees, fees and similar fees and assumption application fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Pari Passu Companion Loans whether or not performed by the Primary ServicerLoans, and (iv) 50100% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) beneficiary statement charges to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Pari Passu Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Compensating defeasance fees, Prepayment Interest PaymentsExcesses, Default Interest, Penalty Charges or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(22).
Appears in 1 contract
Samples: Primary Servicing Agreement (UBS-Citigroup Commercial Mortgage Trust 2011-C1)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee RateFee. The second paragraph and third paragraphs of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Borrower Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 50% of that portion of late fees (but not Default Interest) on the Mortgage Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover Advance Interest or Additional Trust Fund Expenses, (iii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items funds with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a)(iii) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Modification Fees, review fees, consent fees, Assumption Fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(19) of this Agreement, (ivv) 50100% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(19) of this Agreement, (vvi) 10050% of that portion of any beneficiary statement or demand Modification Fees, consent fees and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review similar fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and in connection with matters performed by the Serviced Companion Loans, (viPrimary Servicer pursuant to Section 3.01(c)(35) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing this Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans defeasance fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(19) of this Agreement and (other than as required viii) 100% of that portion of any beneficiary statement charges and demand fees to which the Master Servicer is entitled under Section 3.12(a)(iv) of the Pooling and Servicing Agreement with respect to cover payment of interest on Advances or other reimbursement of additional trust fund expenses)the Mortgage Loans. The Primary Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(22).
Appears in 1 contract
Samples: Primary Servicing Agreement (COMM 2015-Lc23 Mortgage Trust)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second to last sentence of the first paragraph of Section 3.11(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess Modification Fees, review fees, consent fees, and similar fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(18).
Appears in 1 contract
Samples: Primary Servicing Agreement (Benchmark 2024-V12 Mortgage Trust)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee RateFee. The second paragraph and fourth paragraphs of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Borrower Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 50% of that portion of late fees (but not Default Interest) on the Mortgage Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover Advance Interest or Additional Trust Fund Expenses, (iii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items funds with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a)(iii) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Modification Fees, review fees, consent fees, Assumption Fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(20) of this Agreement, (ivv) 50100% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(20) of this Agreement, (vvi) 10050% of that portion of any beneficiary statement or demand Modification Fees, consent fees and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review similar fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and in connection with matters performed by the Serviced Companion Loans, (viPrimary Servicer pursuant to Section 3.01(c)(35) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing this Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans defeasance fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(20) of this Agreement and (other than as required viii) 100% of that portion of any beneficiary statement charges and demand fees to which the Master Servicer is entitled under Section 3.12(a)(iv) of the Pooling and Servicing Agreement with respect to cover payment of interest on Advances or other reimbursement of additional trust fund expenses)the Mortgage Loans. The Primary Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(23).
Appears in 1 contract
Samples: Primary Servicing Agreement (CFCRE 2016-C6 Mortgage Trust)
Section 3. 11(a). References to the Servicing Fee shall be references to the Primary Sub-Servicing Fee and references to the Servicing Fee Rate shall be references to the Primary Servicing Fee RateFee. The second paragraph third and sixth paragraphs of Section 3.11(a) of the Pooling and Servicing Agreement is are not incorporated herein. In addition, the Primary Sub-Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Sub-Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Accounts (to the extent consistent with the related Mortgage Loan documents), (ii) 50% of that portion of late fees (but not Default Interest) on the Mortgage Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement and not required by the Pooling and Servicing Agreement to cover interest on Advances or additional Trust Fund expenses, (iii) 100% of any amounts collected by the Primary Sub-Servicer for checks returned for insufficient funds, demand fees or similar items funds with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a) of the Pooling and Servicing Agreement, (iiiiv) 50% of that portion of any Excess Modification Feesassumption fees and any similar fees to which the Master Servicer is entitled under Section 3.11(a)(iii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(16) of this Agreement, review (v) 100% of that portion of any assumption application fees to which the Master Servicer is entitled under Section 3.11(a)(ii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(18) of this Agreement, (vi) 50% of that portion of any modification fees, consent fees, fees and similar fees to which the Master Servicer is entitled under Sections 3.11(a)(i) and (iii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(27) of this Agreement, (vii) 50% of that portion of any defeasance fees to which the Master Servicer is entitled under Section 3.11(a)(ii) of the Pooling and Servicing Agreement with respect to the Mortgage Loans in connection with matters performed by the Sub-Servicer pursuant to Section 3.01(c)(27) of this Agreement and (viii) 100% of that portion of any beneficiary statement charges and demand fees to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (iv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not performed by the Primary Servicer, (v) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Sub-Servicer shall not be entitled to Prepayment Interest Excesses, Default Interest or any Compensating Interest Payments, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(19).
Appears in 1 contract
Samples: Sub Servicing Agreement (UBS Commercial Mortgage Trust 2018-C10)
Section 3. 11(a12(a). References to the Servicing Fee shall be references to the Primary Servicing Fee and references in the definition of “Servicing Fee” to the Servicing Fee Rate shall be references to the Primary Servicing Fee Rate. The second paragraph of Section 3.11(a3.12(a) of the Pooling and Servicing Agreement is not incorporated herein. In addition, the Primary Servicer shall be entitled to receive, as additional servicing compensation, to the extent the Master Servicer is entitled to such amounts under the Pooling and Servicing Agreement, (i) all investment income earned on amounts on deposit in the Primary Servicer Collection Account, the Primary Servicer Companion Distribution Account and certain Servicing Borrower Accounts (to the extent consistent with the related Mortgage Loan documentsDocuments), (ii) 100% of any amounts collected by the Primary Servicer for checks returned for insufficient funds, demand fees or similar items with respect to the Mortgage Loans and the Serviced Companion Loans to the extent the Master Servicer is entitled to such items under Section 3.11(a3.12(a)(iii) of the Pooling and Servicing Agreement, (iii) 50% of that portion of any Excess defeasance fees to which the Master Servicer is entitled under Section 3.12(a)(iv) of the Pooling and Servicing Agreement in connection with matters performed by the Primary Servicer pursuant to Section 3.01(c)(19) of this Agreement with respect to the Mortgage Loans, (iv) 50% of that portion of any Modification Fees, review Fees (or similar fees), consent fees, fees and similar fees to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans whether or not in connection with matters performed by the Primary ServicerServicer pursuant to Section 3.01(c)(35) of this Agreement, (ivv) 50% of that portion of any assumption fees, waiver fees, consent fees, defeasance fees Assumption Fees and assumption application fees (or similar fees) to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans Loans, and the Serviced Companion Loans whether or not performed by the Primary Servicer, (vvi) 100% of that portion of any beneficiary statement or demand and other customary charges and amounts collected by the Primary Servicer for checks returned for insufficient funds and reasonable review fees in connection with any Mortgagor request to the extent such review fees are not prohibited under the related Mortgage Loan documents to which the Master Servicer is entitled under Section 3.11(a3.12(a)(iv) of the Pooling and Servicing Agreement with respect to the Mortgage Loans and the Serviced Companion Loans, (vi) 50% of Prepayment Interest Excesses relating to the Mortgage Loans and Servicing Companion Loans to which the Master Servicer is entitled under the Pooling and Servicing Agreement, and (vii) 100% of that portion of any Penalty Charges relating to late payment charges and 50% of that portion of any Penalty Charges relating to Default Interest, in each case, paid in respect to any delinquent Mortgage Loans or Serviced Companion Loans to which the Master Servicer is entitled under Section 3.11(a) of the Pooling and Servicing Agreement (other than as required under the Pooling and Servicing Agreement to cover payment of interest on Advances or other reimbursement of additional trust fund expenses). The Primary Servicer shall not be entitled to any Compensating Prepayment Interest PaymentsExcesses, Penalty Charges, or other amounts not specifically addressed above in this Section 3.01(c)(183.01(c)(22).
Appears in 1 contract
Samples: Primary Servicing Agreement (COMM 2016-Dc2 Mortgage Trust)