Common use of Servicing and Master Servicing Compensation Clause in Contracts

Servicing and Master Servicing Compensation. Each Servicer shall be entitled out of each payment of interest (or portion thereof) on a Mortgage Loan it services to retain or withdraw from the related Servicer Custodial Account an amount equal to the Servicing Fee for such Distribution Date. Additional servicing compensation in the form of Excess Proceeds, prepayment penalties, assumption fees, late payment charges and all income and gain net of any losses realized from Permitted Investments and all other customary and ancillary income and fees shall be retained by a Servicer to the extent not required to be deposited in the related Servicer Custodial Account pursuant to Section 3.08(b). Each Servicer shall be required to pay all expenses incurred by it in connection with its servicing activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided in this Agreement. Notwithstanding the foregoing, with respect to the payment of the Servicing Fee on any Distribution Date, the aggregate Servicing Fee for a Servicer for such Distribution Date shall be reduced (but not below zero) by an amount equal to the lesser of (a) the Prepayment Interest Shortfall for such Distribution Date relating to the Mortgage Loans it services and (b) one-twelfth of 0.250% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by National City, one-twelfth of 0.375% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by Fifth Third, one-twelfth of 0.375% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by SunTrust, and one-twelfth of 0.250% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by Xxxxx Fargo (any such reduction, "Compensating Interest"). To the extent the Servicers fail to pay Compensating Interest in respect of any Distribution Date, the Master Servicer shall deposit into the Collection Account the amount of any Compensating Interest remaining unpaid by the Servicers on any Distribution Date up to the amount of the compensation payable to the Master Servicer on such Distribution Date pursuant to this Agreement. The Master Servicer will be entitled to all income and gain realized from any investment of funds in the Collection Account, pursuant to Section 3.08, for the performance of its activities hereunder. The Master Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder and shall not be entitled to reimbursement therefor except as otherwise provided in this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2007-A), Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2007-A)

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Servicing and Master Servicing Compensation. Each Servicer shall be entitled out of each payment of interest (or portion thereof) on a Mortgage Loan it services to retain or withdraw from the related Servicer Custodial Account an amount equal to the Servicing Fee for such Distribution Date. Additional servicing compensation in the form of Excess Proceeds, prepayment penalties, assumption fees, late payment charges and all income and gain net of any losses realized from Permitted Investments and all other customary and ancillary income and fees shall be retained by a Servicer to the extent not required to be deposited in the related Servicer Custodial Account pursuant to Section 3.08(b). Each Servicer shall be required to pay all expenses incurred by it in connection with its servicing activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided in this Agreement. Notwithstanding the foregoing, with respect to the payment of the Servicing Fee on any Distribution Date, the aggregate Servicing Fee for a Servicer for such Distribution Date shall be reduced (but not below zero) by an amount equal to the lesser of (a) the Prepayment Interest Shortfall for such Distribution Date relating to the Mortgage Loans it services and (b) one-twelfth of 0.2500.25% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by National City, and one-twelfth of 0.375% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by Fifth Third, one-twelfth of 0.375% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by SunTrust, and one-twelfth of 0.250% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by Xxxxx Fargo SunTrust (any such reduction, "Compensating Interest"). To the extent the Servicers fail to pay Compensating Interest in respect of any Distribution Date, the Master Servicer shall deposit into the Collection Certificate Account the amount of any Compensating Interest remaining unpaid by the Servicers on any Distribution Date up to the amount of the compensation Master Servicing Fee payable to the Master Servicer on such Distribution Date pursuant to this AgreementDate. The Master Servicer shall be entitled to retain or withdraw from the Certificate Account an amount equal to the Master Servicing Fee for such Distribution Date in accordance with Section 3.11. In addition, the Master Servicer will be entitled to all income and gain realized from any investment of funds in the Collection Certificate Account, pursuant to Section 3.08, for the performance of its activities hereunder. The Master Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder and shall not be entitled to reimbursement therefor except as otherwise provided in this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2005-B)

Servicing and Master Servicing Compensation. Each Servicer shall be entitled out of each payment of interest (or portion thereof) on a Mortgage Loan it services to retain or withdraw from the related Servicer Custodial Account an amount equal to the Servicing Fee for such Distribution Date. Additional servicing compensation in the form of Excess Proceeds, prepayment penalties, assumption fees, late payment charges and all income and gain net of any losses realized from Permitted Investments and all other customary and ancillary income and fees shall be retained by a Servicer to the extent not required to be deposited in the related Servicer Custodial Account pursuant to Section 3.08(b). Each Servicer shall be required to pay all expenses incurred by it in connection with its servicing activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided in this Agreement. Notwithstanding the foregoing, with respect to the payment of the Servicing Fee on any Distribution Date, the aggregate Servicing Fee for a Servicer for such Distribution Date shall be reduced (but not below zero) by an amount equal to the lesser of (a) the Prepayment Interest Shortfall for such Distribution Date relating to the Mortgage Loans it services and (b) one-twelfth of 0.2500.25% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by National City, and one-twelfth of 0.375% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by Fifth Third, one-twelfth of 0.375% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by SunTrust, and one-twelfth of 0.250% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by Xxxxx Wxxxx Fargo (any such reduction, "β€œCompensating Interest"”). To the extent the Servicers fail to pay Compensating Interest in respect of any Distribution Date, the Master Servicer shall deposit into the Collection Account the amount of any Compensating Interest remaining unpaid by the Servicers on any Distribution Date up to the amount of the compensation Master Servicing Fee payable to the Master Servicer on such Distribution Date pursuant to this AgreementDate. The Master Servicer shall be entitled to retain or withdraw from the Collection Account an amount equal to the Master Servicing Fee for such Distribution Date in accordance with Section 3.11. In addition, the Master Servicer will be entitled to all income and gain realized from any investment of funds in the Collection Account, pursuant to Section 3.08, for the performance of its activities hereunder. The Master Servicer shall be required to pay all expenses incurred by it in connection with its activities hereunder and shall not be entitled to reimbursement therefor except as otherwise provided in this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Mortgage Loan Trust, Series 2006-A)

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Servicing and Master Servicing Compensation. Each (a) As compensation for its activities hereunder, the Master Servicer shall be entitled out to receive the Master Servicing Fee. For each full monthly period and a Mortgage Loan, the Master Servicing Fee shall be equal to one-twelfth of each the product of (a) the Master Servicing Fee Rate and (b) the outstanding principal balance of such Mortgage Loan. Such fee shall be payable monthly, computed on the basis of the same principal amount and period respecting which any related interest payment of interest (or portion thereof) on a Mortgage Loan it services is computed. The obligation of the Trust to retain pay the Master Servicing Fee is limited to, and the Master Servicing Fee is payable solely from, the interest portion (including recoveries with respect to interest from Liquidation Proceeds, to the extent permitted by Subsection 4.03(a)) of such Monthly Payment collected by the Master Servicer, or withdraw from as otherwise provided under Subsection 4.03(a) or Section 3.12. The Master Servicing Fee shall be payable to the Master Servicer through REO Disposition in accordance with Subsection 3.12 hereof which Master Servicing Fee shall be based upon the outstanding principal balance of the related Mortgage Loan at the time of foreclosure as reduced by any income or proceeds received by the Trust in respect of such REO Property and applied to reduce the outstanding principal balance of the foreclosed Mortgage Loan. (b) The Master Servicer Custodial Account an amount equal to the Servicing Fee for such Distribution Date. Additional may retain additional servicing compensation in the form of Excess Proceedsprepayment charges, prepayment penaltiesif any, assumption fees, tax service fees, fees for statement of account or payoff, late payment charges and all income and gain net of charges, interest on amounts deposited in any losses realized from Accounts (other than the Certificate Account) or Permitted Investments and all of such amounts (other customary and ancillary income and fees shall be retained by a Servicer to the extent not required to be deposited than those on amounts in the related Servicer Custodial Account pursuant to Section 3.08(bCertificate Account). Each Servicer shall be required to pay all expenses incurred by it in connection with its servicing activities hereunder and shall not be entitled to reimbursement therefor except as specifically provided in this Agreement. Notwithstanding the foregoing, with respect to the payment of the Servicing Fee on any Distribution Date, the aggregate Servicing Fee for a Servicer for such Distribution Date shall be reduced (but not below zero) by an amount equal to the lesser of (a) the Prepayment Interest Shortfall for such Distribution Date relating to the Mortgage Loans it services and (b) one-twelfth of 0.250% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by National City, one-twelfth of 0.375% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by Fifth Third, one-twelfth of 0.375% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by SunTrust, and one-twelfth of 0.250% of the aggregate Stated Principal Balance of such Mortgage Loans for such Distribution Date in the case of the Mortgage Loans serviced by Xxxxx Fargo (any such reduction, "Compensating Interest"). To the extent the Servicers fail to pay Compensating Interest in respect of any Distribution Date, the Master Servicer shall deposit into the Collection Account the amount of any Compensating Interest remaining unpaid by the Servicers on any Distribution Date up to the amount of the compensation payable to the Master Servicer on such Distribution Date pursuant to this Agreementor otherwise. The Master Servicer will be is also entitled to all income and gain realized from any investment of funds in the Collection Account, pursuant to Section 3.08, for the performance of its activities hereunderreceive Excess Liquidation Proceeds as additional servicing compensation. The Master Servicer shall be required to pay all expenses incurred by it incurs in connection with its servicing activities hereunder under this Agreement, including fees and expenses to Sub-Servicers, and shall not be entitled to reimbursement therefor except as otherwise provided in this Agreement. Expenses to be paid by the Master Servicer under this Subsection 3.14(b) shall include payment of the expenses of the accountants retained pursuant to Section 3.16.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Securities Inc)

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