Common use of Section 3.05(a) Clause in Contracts

Section 3.05(a). The Sub-Servicer shall establish a custodial account (hereinafter the “Sub-Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Sub-Servicer Collection Account. The creation of any Sub-Servicer Collection 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 or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the Sub-Servicer Collection Account. Notwithstanding the third paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Sub-Servicer shall deposit into the Sub-Servicer Collection Account and include in its Sub-Servicer Remittance Amount all Prepayment Interest Excess and all charges for beneficiary statements or demands, Assumption Fees, Modification Fees, extension fees or amounts collected for Mortgagor checks returned for insufficient funds collected by the Sub-Servicer to the extent not constituting Additional Sub-Servicing Compensation, including, without limitation, all Penalty Charges. Any amounts of additional servicing compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Servicer. For purposes of the last paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Servicer for deposit in the Sub-Servicer Collection Account.

Section 3.05(a). The Sub-Servicer shall establish a custodial collection account (hereinafter the “Sub-Servicer Collection Loan Combination Custodial Account”), meeting all of the requirements of the Collection Loan Combination Custodial Account, and references to the Collection Loan Combination Custodial Account shall be references to such Sub-Servicer Collection Loan Combination Custodial Account. The creation of any Sub-Servicer Collection Loan Combination Custodial 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 or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the Sub-Servicer Collection Loan Combination Custodial Account. Notwithstanding the third paragraph of Section 3.05(a3.05A(b) of the Pooling and Servicing Agreement, the Sub-Servicer shall deposit into the Sub-Servicer Collection Loan Combination Custodial Account and include in its Sub-Servicer Remittance Amount all Prepayment Interest Excess and all charges for beneficiary statements or demands, Assumption Fees, Modification Fees, extension fees or amounts collected for Mortgagor checks returned for insufficient funds collected by the Sub-Servicer to the extent not constituting Additional Sub-Servicing Compensation, including, without limitation, all Penalty Charges. Any amounts of additional servicing compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Servicer. For purposes of the last paragraph of Section 3.05(a3.05A(c) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Servicer for deposit in the Sub-Servicer Collection Loan Combination Custodial Account.

Section 3.05(a). The Sub-Primary Servicer shall establish a custodial account (hereinafter the “Sub-Primary Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Sub-Primary Servicer Collection Account. The creation of any Sub-Primary Servicer Collection 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 or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the Sub-Primary Servicer Collection Account. Notwithstanding the third fourth paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Sub-Primary Servicer shall deposit into the Sub-Primary Servicer Collection Account and include in its Sub-Primary Servicer Remittance Amount all Default Interest, any late payment charges, Modification Fees, defeasance fees, Assumption Fees, loan service transaction fees, extension fees, assumption application fees, consent fees, Prepayment Interest Excess and all Excess, charges for beneficiary statements or demands, Assumption Fees, Modification Fees, extension fees or amounts collected for Mortgagor checks returned for insufficient funds and other fees and amounts collected by from Borrowers that constitute additional Servicing Compensation and/or additional Special Servicing Compensation (in each case, other than those to which the Sub-Primary Servicer is entitled pursuant to the extent not constituting Additional Sub-Servicing Compensation, including, without limitation, all Penalty ChargesSection 3.01(c)(22) of this Agreement). Any amounts of additional servicing compensation Special Servicing Compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Master Servicer. For purposes of the last paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Primary Servicer for deposit in the Sub-Primary Servicer Collection Account.

Section 3.05(a). The Sub-Servicer shall establish a custodial account (hereinafter the “Sub-Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Sub-Servicer Collection Account. The creation of any Sub-Servicer Collection 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 or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the Sub-Servicer Collection Account. Notwithstanding the third paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Sub-Servicer shall deposit into the Sub-Servicer Collection Account and include in its Sub-Servicer Remittance Amount all Prepayment Interest Excess and all charges for beneficiary statements or demands, Assumption Fees, Modification Fees, extension fees or amounts collected for Mortgagor checks returned for insufficient funds collected by the Sub-Servicer to the extent not constituting Additional Sub-Servicing Compensation, including, without limitation, all Penalty Charges. Any amounts of additional servicing compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Servicer; provided that the Sub-Servicer shall promptly provide the Master Servicer with a copy of any such remittance. For purposes of the last paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Servicer for deposit in the Sub-Servicer Collection Account; provided, however, the Sub-Servicer shall promptly provide a copy of any such deposit to the Master Servicer. For avoidance of doubt, Sub-Servicer may provide Servicer with notice of such remittances or deposits in its Collection Report.

Section 3.05(a). The Sub-Servicer shall establish a custodial account (hereinafter the “Sub-Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Sub-Servicer Collection Account. The creation of any Sub-Servicer Collection 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 or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the Sub-Servicer Collection Account. Notwithstanding the third fourth paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Sub-Servicer shall deposit into the Sub-Servicer Collection Account and include in its Sub-Servicer Remittance Amount all Prepayment Interest Excess and all charges for beneficiary statements or demands, Assumption Fees, assumption application fees, Modification Fees, consent fees, extension fees or amounts collected for Mortgagor Borrower checks returned for insufficient funds collected by the Sub-Servicer to the extent not constituting Additional Sub-Servicing Compensation, including, without limitation, all Penalty Charges. Any amounts of additional servicing compensation payable to the Special Servicer pursuant to Section 3.12(c3.12(b) and (c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Servicer; provided that the Sub-Servicer shall promptly provide the Master Servicer with a copy of any such remittance. For purposes of the last paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans or Serviced REO Property (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Servicer for deposit in the Sub-Servicer Collection Account; provided, however, the Sub-Servicer shall promptly provide a copy of any such deposit to the Master Servicer. For avoidance of doubt, Sub-Servicer may provide Servicer with notice of such remittances or deposits in its Collection Report.

Section 3.05(a). The Sub-Primary Servicer shall establish a custodial collection account (hereinafter the “Sub-Primary Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Sub-Primary Servicer Collection Account. The creation of any Sub-Primary Servicer Collection 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 or prior to within three (3) days of the Closing Date and thereafter to the Master Servicer upon any transfer of the Sub-Primary Servicer Collection Account. Notwithstanding the third paragraph The last two paragraphs of Section 3.05(a) of the Pooling and Servicing Agreement, the Sub-Agreement are not incorporated herein. The Primary Servicer shall deposit into the Sub-Primary Servicer Collection Account and include in its Sub-Primary Servicer Remittance Amount all Prepayment Interest Excess and all charges for beneficiary statements or demandspayments in the nature of Ancillary Fees, Consent Fees, Assumption Fees, Modification Feesassumption application fees, extension defeasance fees or and other fees and amounts collected for Mortgagor checks returned for insufficient funds collected by from the Sub-Mortgagors that constitute additional servicing compensation and/or additional Special Servicing Compensation (in each case, other than those to which the Primary Servicer is entitled pursuant to the extent not constituting Additional Sub-Servicing Compensation, including, without limitation, all Penalty ChargesSection 3.01(c)(19) of this Agreement). Any amounts of additional servicing compensation Special Servicing Compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Master Servicer. For purposes of the last paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Primary Servicer for deposit in the Sub-Primary Servicer Collection Account.

Section 3.05(a). The Sub-Primary Servicer shall establish a custodial collection account (hereinafter the “Sub-Primary Servicer Collection Loan Combination Custodial Account”), meeting all of the requirements of the Collection Loan Combination Custodial Account, and references to the Collection Loan Combination Custodial Account shall be references to such Sub-Primary Servicer Collection Loan Combination Custodial Account. The creation of any SubPrimary Servicer Loan Combination Custodial Account, which may be a sub-account of the Primary Servicer Collection 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 or prior to within three (3) days of the Closing Date and thereafter to the Master Servicer upon any transfer of the SubPrimary Servicer Loan Combination Custodial Account. As of the Closing Date, the Primary Servicer Loan Combination Custodial Account will be a sub-account of the Primary Servicer Collection Account. Notwithstanding the third paragraph of Section 3.05(a3.05A(b) of the Pooling and Servicing Agreement, the Sub-Primary Servicer shall deposit into the Sub-Primary Servicer Collection Loan Combination Custodial Account and include in its Sub-Servicer Remittance Amount all Prepayment Interest Excess and all charges for beneficiary statements or demandsAvailable Distribution Amount, Ancillary Fees, Consent Fees, Assumption Fees, Modification Feesassumption application fees, extension defeasance fees, review fees or and other amounts collected for Mortgagor checks returned for insufficient funds collected by the Sub-Primary Servicer to the extent not constituting Additional Sub-Servicing CompensationCompensation and/or Additional Special Servicing Compensation collected by the Primary Servicer (in each case, including, without limitation, all Penalty Chargesother than those to which the Primary Servicer is entitled pursuant to Section 3.01(c)(20) of this Agreement). Any amounts of additional servicing compensation Additional Special Servicing Compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Master Servicer. For purposes of the last paragraph of Section 3.05(a3.05A(c) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Primary Servicer for deposit in the Sub-Primary Servicer Collection Loan Combination Custodial Account.

Section 3.05(a). The If there are any Serviced Pari Passu Companion Loans subject to this Agreement, the Sub-Servicer shall establish a custodial collection account (hereinafter the “Sub-Servicer Collection Loan Combination Custodial Account”), meeting all of the requirements of the Collection Loan Combination Custodial Account, and references to the Collection Loan Combination Custodial Account shall be references to such Sub-Servicer Collection Loan Combination Custodial Account. The creation of any Sub-Servicer Collection Loan Combination Custodial 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 or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the Sub-Servicer Collection Loan Combination Custodial Account. Notwithstanding the third paragraph of Section 3.05(a3.05A(b) of the Pooling and Servicing Agreement, the Sub-Servicer shall deposit into the Sub-Servicer Collection Loan Combination Custodial Account and include in its Sub-Servicer Remittance Amount all Prepayment Interest Excess and all charges for beneficiary statements or demands, Assumption Fees, Modification Fees, extension fees or amounts collected for Mortgagor checks returned for insufficient funds collected by the Sub-Servicer to the extent not constituting Additional Sub-Servicing Compensation, including, without limitation, all Penalty Charges. Any amounts of additional servicing compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Servicer; provided that the Sub-Servicer shall promptly provide the Master Servicer with a copy of any such remittance. For purposes of the last paragraph of Section 3.05(a3.05A(c) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Servicer for deposit in the Sub-Servicer Collection Loan Combination Custodial Account.; provided, however, the Sub-Servicer shall promptly provide a copy of any such deposit to the

Section 3.05(a). The Sub-Primary Servicer shall establish a custodial account (hereinafter the “Sub-Primary Servicer Collection Account”), meeting all of the requirements of the Collection AccountAccount under the Pooling and Servicing Agreement, and references to the Collection Account shall be references to such Sub-Primary Servicer Collection Account. The creation of any Sub-Primary Servicer Collection 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 or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the Sub-Primary Servicer Collection Account. Notwithstanding the third fourth paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Sub-Primary Servicer shall deposit into the Sub-Primary Servicer Collection Account and include in its Sub-Primary Servicer Remittance Amount all Default Interest, any late payment fees, Modification Fees, defeasance fees, Assumption Fees, loan service transaction fees, assumption application fees, consent fees, Prepayment Interest Excess and all Excess, charges for beneficiary statements or demands, Assumption Fees, Modification Fees, extension fees or amounts collected for Mortgagor checks returned for insufficient funds and other fees and amounts collected by from Borrowers that constitute additional Servicing Compensation and/or additional Special Servicing Compensation (in each case, other than those to which the Sub-Primary Servicer is entitled pursuant to the extent not constituting Additional Sub-Servicing Compensation, including, without limitation, all Penalty ChargesSection 3.01(c)(19) of this Agreement). Any amounts of additional servicing compensation Special Servicing Compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Master Servicer. For purposes of the last paragraph of Section 3.05(a) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Primary Servicer for deposit in the Sub-Primary Servicer Collection Account.

Section 3.05(a). The If there are any Serviced Pari Passu Companion Loans subject to this Agreement, the Sub-Servicer shall establish a custodial collection account (hereinafter the “Sub-Servicer Collection Loan Combination Custodial Account”), meeting all of the requirements of the Collection Loan Combination Custodial Account, and references to the Collection Loan Combination Custodial Account shall be references to such Sub-Servicer Collection Loan Combination Custodial Account. The creation of any Sub-Servicer Collection Loan Combination Custodial 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 or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the Sub-Servicer Collection Loan Combination Custodial Account. Notwithstanding the third paragraph of Section 3.05(a3.05A(b) of the Pooling and Servicing Agreement, the Sub-Servicer shall deposit into the Sub-Servicer Collection Loan Combination Custodial Account and include in its Sub-Servicer Remittance Amount all Prepayment Interest Excess and all charges for beneficiary statements or demands, Assumption Fees, Modification Fees, extension fees or amounts collected for Mortgagor checks returned for insufficient funds collected by the Sub-Servicer to the extent not constituting Additional Sub-Servicing Compensation, including, without limitation, all Penalty Charges. Any amounts of additional servicing compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Servicer; provided that the Sub-Servicer shall promptly provide the Master Servicer with a copy of any such remittance. For purposes of the last paragraph of Section 3.05(a3.05A(c) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Servicer for deposit in the Sub-Servicer Loan Combination Custodial Account; provided, however, the Sub-Servicer shall promptly provide a copy of any such deposit to the Master Servicer. For avoidance of doubt, Sub-Servicer may provide Servicer with notice of such remittances or deposits in its Collection AccountReport.

Section 3.05(a). The Sub-Primary Servicer shall establish a custodial collection account (hereinafter the “Sub-Primary Servicer Collection Loan Combination Custodial Account”), meeting all of the requirements of the Collection Loan Combination Custodial Account, and references to the Collection Loan Combination Custodial Account shall be references to such Sub-Primary Servicer Collection Loan Combination Custodial Account. The creation of any SubPrimary Servicer Loan Combination Custodial Account, which may be a sub-account of the Primary Servicer Collection 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 or prior to the Closing Date and thereafter to the Master Servicer upon any transfer of the SubPrimary Servicer Loan Combination Custodial Account. As of the Closing Date, the Primary Servicer Loan Combination Custodial Account will be a sub-account of the Primary Servicer Collection Account. Notwithstanding the third paragraph of Section 3.05(a3.05A(b) of the Pooling and Servicing Agreement, the Sub-Primary Servicer shall deposit into the Sub-Primary Servicer Collection Loan Combination Custodial Account and include in its Sub-Servicer Remittance Amount all Prepayment Interest Excess and all charges for beneficiary statements or demandsAmount, Ancillary Fees, Consent Fees, Assumption Fees, Modification Feesassumption application fees, extension defeasance fees, review fees or and other amounts collected for Mortgagor checks returned for insufficient funds collected by the Sub-Primary Servicer to the extent not constituting Additional Sub-Servicing CompensationCompensation and/or Additional Special Servicing Compensation collected by the Primary Servicer (in each case, including, without limitation, all Penalty Chargesother than those to which the Primary Servicer is entitled pursuant to Section 3.01(c)(20) of this Agreement). Any amounts of additional servicing compensation Additional Special Servicing Compensation payable to the Special Servicer pursuant to Section 3.12(c) of the Pooling and Servicing Agreement shall be remitted to the Special Servicer by the Sub-Master Servicer. For purposes of the last paragraph of Section 3.05(a3.05A(c) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein with respect to any Specially Serviced Loans (including, but not limited to, principal payments and Principal Prepayments, interest payments, late payment charges and other Penalty Charges, and Insurance Proceeds, Condemnation Proceeds and Liquidation Proceeds, as more fully described in the Pooling and Servicing Agreement) directly to the Sub-Primary Servicer for deposit in the Sub-Primary Servicer Collection Loan Combination Custodial Account.