Common use of Section 3.05(a) Clause in Contracts

Section 3.05(a). The Primary Servicer shall establish a collection account (hereinafter the “Primary Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Primary Servicer Collection Account, as applicable. The creation of any 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 prior to any transfer of the Primary Servicer Collection Account. The last four paragraphs of Section 3.05(a) of the Pooling and Servicing Agreement are not incorporated herein. The Primary Servicer shall deposit into the Primary Servicer Collection Account and include in its Primary Servicer Remittance Amount all Assumption Fees, assumption application fees, payments in the nature of late payment charges, Modification Fees, loan service transaction fees, extension fees, demand fees, beneficiary statement charges or similar fees (other than those to which the Primary Servicer is entitled pursuant to Section 3.01(c)(21) of this Agreement). For purposes of the second to 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 directly to the Primary Servicer for deposit in the Primary Servicer Collection Account.

Appears in 2 contracts

Samples: Primary Servicing Agreement (DBUBS 2011-Lc3 Mortgage Trust), Primary Servicing Agreement (DBUBS 2011-Lc3 Mortgage Trust)

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Section 3.05(a). The Primary Servicer shall establish a collection custodial account (hereinafter the “Primary Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Primary Servicer Collection Account, as applicable. The creation of any 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 prior to upon any transfer of the Primary Servicer Collection Account. The last four paragraphs Notwithstanding the fourth paragraph of Section 3.05(a) of ), the Pooling and Servicing Agreement are not incorporated herein. The Primary Servicer shall deposit into the Primary Servicer Collection Account and include in its Primary Servicer Remittance Amount all Assumption Default Interest, any late payment fees, Modification Fees, assumption application defeasance fees, payments in the nature of late payment charges, Modification Assumption Fees, loan service transaction fees, extension assumption application fees, demand consent fees, Prepayment Interest Excess, charges for beneficiary statement charges statements or similar demands, amounts collected for checks returned for insufficient funds and other fees and amounts collected from Borrowers 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 Section 3.01(c)(213.01(c)(22) 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 second to 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 directly to the Primary Servicer for deposit in the Primary Servicer Collection Account.

Appears in 1 contract

Samples: Primary Servicing Agreement (UBS-Citigroup Commercial Mortgage Trust 2011-C1)

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Section 3.05(a). The Primary Servicer shall establish a collection custodial account (hereinafter the “Primary Servicer Collection Account”), meeting all of the requirements of the Collection Account, and references to the Collection Account shall be references to such Primary Servicer Collection Account, as applicable. The creation of any 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) Business Days after the Closing Date and thereafter to the Master Servicer prior to upon any transfer of the Primary Servicer Collection Account. The last four paragraphs Notwithstanding the fourth paragraph of Section 3.05(a) of the Pooling and Servicing Agreement are not incorporated herein. The Agreement, the Primary Servicer shall deposit into the Primary Servicer Collection Account and include in its Primary Servicer Remittance Amount all Assumption FeesDefault Interest, assumption application fees, payments in the nature of any late payment charges, Modification Fees, defeasance fees, Assumption Fees, loan service transaction fees, extension fees, demand assumption application fees, beneficiary statement charges or similar consent fees, Prepayment Interest Excess, and other fees (other than those to which and amounts collected from the Borrower that constitute additional Servicing Compensation and/or additional Special Servicing Compensation collected by the Primary Servicer is entitled pursuant to Section 3.01(c)(21) the extent not constituting Additional Primary Servicing Compensation. Any amounts of this Agreement)additional Special Servicing Compensation payable to the Special Servicer shall be remitted to the Special Servicer by the Master Servicer. For purposes of the second to 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 directly to the Primary Servicer for deposit in the Primary Servicer Collection Account.

Appears in 1 contract

Samples: Primary Servicing Agreement (CFCRE 2016-C3 Mortgage Trust)

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