Servicing Fees. As compensation for the services provided for a Series (including servicing of the related Assets and administration of the related Trust) and ordinary expenses incurred by the Servicer under the Pooling and Servicing Agreement, on each Distribution Date the Servicer shall be entitled to receive the Servicing Fee on each Asset from amounts collected on such Asset. Except as otherwise expressly provided in the Pooling and Servicing Agreement, the Servicer shall perform all of the obligations to be performed by it under the Pooling and Servicing Agreement at its expense and without cost or charge to the Trustee. The Servicing Fee relating to any Asset shall be payable solely from the interest portion of each Monthly Payment or other payment of or in respect of interest collected by the Servicer in respect of such Asset, whether from the proceeds of any judgment, writ of attachment or levy against the related Obligor or its assets, or from funds received by the Servicer in connection with any Principal Prepayment in full, from Insurance Proceeds or Liquidation Proceeds or in connection with any purchase or repurchase of an Asset; PROVIDED, HOWEVER, that the Servicing Fee with respect to an Asset in any month shall be payable to the Servicer out of amounts paid by the related Obligor toward the Monthly Payment due on such Asset during such month only if the related Obligor has remitted the entire amount of such Monthly Payment. The Servicer also shall be entitled to additional servicing compensation as specified in Sections 3.06(c) and 3.15 hereof. Unless otherwise provided in the Pooling and Servicing Agreement for a Series, the Servicer may retain its Servicing Fee and any other servicing compensation provided for in such Pooling and Servicing Agreement from gross interest collections on the related Assets prior to depositing such collections into the related Certificate Account.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Deutsche Financial Capital Securitization LLC), Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc), Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Servicing Fees. As compensation for the services provided for a Series (including servicing of the related Assets and administration of the related Trust) and ordinary expenses incurred by the Master Servicer under the Pooling and Servicing Agreement, on each Distribution Date the Master Servicer shall be entitled to receive the Servicing Fee on each Asset from amounts collected on such Asset. Except as otherwise expressly provided in the Pooling and Servicing Agreement, the Master Servicer shall perform all of the obligations to be performed by it under the Pooling and Servicing Agreement at its expense and without cost or charge to the Trustee. The Servicing Fee relating to any Asset shall be payable solely from the interest portion of each Monthly Payment or other payment of or in respect of interest collected by the Master Servicer in respect of such Asset, whether from the proceeds of any judgment, writ of attachment or levy against the related Obligor or its assets, or from funds received by the Master Servicer in connection with any Principal Prepayment in full, from Insurance Proceeds or Liquidation Proceeds or in connection with any purchase or repurchase of an Asset; PROVIDEDprovided, HOWEVERhowever, that the Servicing Fee with respect to an Asset in any month shall be payable to the Master Servicer out of amounts paid by the related Obligor toward the Monthly Payment due on such Asset during such month only if the related Obligor has remitted the entire amount of such Monthly Payment. The Master Servicer also shall be entitled to additional servicing compensation as specified in Sections 3.06(c) and 3.15 3.14 hereof. Unless otherwise provided in the Pooling and Servicing Agreement for a Series, the Master Servicer may retain its Servicing Fee and any other servicing compensation provided for in such Pooling and Servicing Agreement from gross interest collections on the related Assets prior to depositing such collections into the related Certificate Account.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Residential Resources Inc), Pooling and Servicing Agreement (Union Planters Mortgage Finance Corp), Pooling and Servicing Agreement (Union Planters Mortgage Finance Corp)
Servicing Fees. As compensation for the services provided for a Series (including servicing of the related Assets and administration of the related Trust) and ordinary expenses incurred by the Servicer under the Pooling and Servicing Agreement, on each Distribution Date the Servicer shall be entitled to receive the Servicing Fee on each Asset from amounts collected on such Asset. Except as otherwise expressly provided in the Pooling and Servicing Agreement, the Servicer shall perform all of the obligations to be performed by it under the Pooling and Servicing Agreement at its expense and without cost or charge to the Trustee. The Servicing Fee relating to any Asset shall be payable solely from the interest portion of each Monthly Payment or other payment of or in respect of interest collected by the Servicer in respect of such Asset, whether from the proceeds of any judgment, writ of attachment or levy against the related Obligor or its assets, or from funds received by the Servicer in connection with any Principal Prepayment in full, from Insurance Proceeds or Liquidation Proceeds or in connection with any purchase or repurchase of an Asset; PROVIDEDprovided, HOWEVERhowever, that the Servicing Fee with respect to an Asset in any month shall be payable to the Servicer out of amounts paid by the related Obligor toward the Monthly Payment due on such Asset during such month only if the related Obligor has remitted the entire amount of such Monthly Payment. The Servicer also shall be entitled to additional servicing compensation as specified in Sections 3.06(c) and 3.15 hereof. Unless otherwise provided in the Pooling and Servicing Agreement for a Series, the Servicer may retain its Servicing Fee and any other servicing compensation provided for in such Pooling and Servicing Agreement from gross interest collections on the related Assets prior to depositing such collections into the related Certificate Account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc), Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Servicing Fees. As compensation for the services provided for a Series (including servicing of the related Assets and administration of the related Trust) and ordinary expenses incurred by the Servicer under the Pooling and Servicing Agreement, on each Distribution Date the Servicer shall be entitled to receive the Servicing Fee on each Asset from amounts collected on such Asset. Except as otherwise expressly provided in the Pooling and Servicing Agreement, the Servicer shall perform all of the obligations to be performed by it under the Pooling and Servicing Agreement at its expense and without cost or charge to the Trustee. The Servicing Fee relating to any Asset shall be payable solely from the interest portion of each Monthly Payment or other payment of or in respect of interest collected by the Servicer in respect of such Asset, whether from the proceeds of any judgment, writ of attachment or levy against the related Obligor or its assets, or from funds received by the Servicer in connection with any Principal Prepayment in full, from Insurance Proceeds or Liquidation Proceeds or in connection with any purchase or repurchase of an Asset; PROVIDEDprovided, HOWEVERhowever, that the Servicing Fee with respect to an Asset in any month shall be payable to the Servicer out of amounts paid by the related Obligor toward the Monthly Payment due on such Asset during such month only if the related Obligor has remitted the entire amount of such Monthly Payment. The Servicer also shall be entitled to additional servicing compensation as specified in Sections 3.06(c) and 3.15 hereof. Unless otherwise provided in the Pooling and Servicing Agreement for a Series, the Servicer may retain its Servicing Fee and any other servicing compensation provided for in such Pooling and Servicing Agreement from gross interest collections on the related Assets prior to depositing such collections into the related Certificate Account. To the extent permitted by law, the Pooling and Servicing Agreement and the terms of any Asset, the Servicer may collect and retain as additional compensation any late charges, extension fees or similar fees provided for in the Asset. To the extent reasonable and permitted by the terms of any Asset and by law, the Servicer may collect from the Obligors, and retain as additional compensation, prepayment fees, assumption fees or any fees imposed in connection with the replacement by such Obligor of the related Standard Hazard Insurance Policy. Notwithstanding any other provisions of the Pooling and Servicing Agreement, the Servicer shall not charge or impose upon any Obligor, nor seek to charge or impose upon any Obligor, or assert a right to receive from any Obligor, any fee, charge, premium or penalty that, if charged or collected, would violate or contravene any law, including usury laws, or the terms of the related Asset.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
Servicing Fees. As compensation for the services provided for a Series (including servicing of the related Assets and administration of the related Trust) and ordinary expenses incurred by the Master Servicer under the Pooling and Servicing Agreement, on each Distribution Date the Master Servicer shall be entitled to receive the Servicing Fee on each Asset from amounts collected on such Asset. Except as otherwise expressly provided in the Pooling and Servicing Agreement, the Master Servicer shall perform all of the obligations to be performed by it under the -35- 40 Pooling and Servicing Agreement at its expense and without cost or charge to the Trustee. The Servicing Fee relating to any Asset shall be payable solely from the interest portion of each Monthly Payment or other payment of or in respect of interest collected by the Master Servicer in respect of such Asset, whether from the proceeds of any judgment, writ of attachment or levy against the related Obligor or its assets, or from funds received by the Master Servicer in connection with any Principal Prepayment in full, from Insurance Proceeds or Liquidation Proceeds or in connection with any purchase or repurchase of an Asset; PROVIDEDprovided, HOWEVERhowever, that the Servicing Fee with respect to an Asset in any month shall be payable to the Master Servicer out of amounts paid by the related Obligor toward the Monthly Payment due on such Asset during such month only if the related Obligor has remitted the entire amount of such Monthly Payment. The Master Servicer also shall be entitled to additional servicing compensation as specified in Sections 3.06(c) and 3.15 3.14 hereof. Unless otherwise provided in the Pooling and Servicing Agreement for a Series, the Master Servicer may retain its Servicing Fee and any other servicing compensation provided for in such Pooling and Servicing Agreement from gross interest collections on the related Assets prior to depositing such collections into the related Certificate Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Union Planters Home Equity Corp)