Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer. (b) Beginning with calendar year 2003, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time. (c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy. 24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date. 25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 4 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h), Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h), Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Statements to the Master Servicer. (a) The Company shall deliver or cause to be delivered to the Master Servicer executed copies of the custodial and escrow account letter agreements pursuant to Sections 11.04 and 11.06 within 30 days of the Closing Date. Not later than the tenth calendar day of each month or, (or if such calendar day is not a Business Day, the immediately preceding Business Day), the Servicer shall furnish to the Master Servicer: Servicer (ia) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by between the Servicer and the Master Servicer) (collectively, the "Monthly Remittance Advice") as relating to the accompanying remittance and the period ending on the last calendar day of the preceding month and calendar month, (iib) all such information required pursuant to clause (ia) above on a magnetic tape or other similar media reasonably accepted acceptable to the Master Servicer, (c) on a current and cumulative basis the amount of any (i) claims filed, (ii) claims payments made, (iii) claims denied, (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy and (v) all such other information reasonably required by the Master Servicer.
Servicer and (bd) the amount of any Monthly Advances made by the Servicer on such Monthly Remittance Date. Beginning with the calendar year 20032006, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2005 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 4 contracts
Samples: Servicing Agreement (Lehman Sarm 2005-5), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-18), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-17)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032004, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h), Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-33h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032004, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences sentence at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h), Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 E-l hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer to the extent such information may be obtained from the Servicer's electronic servicing system.
(b) Beginning with calendar year 20032005, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2004 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences sentence at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h), Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp 2004-18h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, (or if such calendar day is not a Business Day, the immediately preceding succeeding Business Day), the Servicer shall furnish to the Master Servicer: Servicer (ia) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by between the Servicer and the Master Servicer) (collectively, the "Monthly Remittance Advice") as relating to the accompanying remittance and the period ending on the last calendar day of the preceding month and calendar month, (iib) all such information required pursuant to clause (ia) above on a magnetic tape or other similar media reasonably accepted acceptable to the Master Servicer, (c) on a current and cumulative basis the amount of any (i) claims filed, (ii) claims payments made, (iii) claims denied, (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy and (v) all such other information reasonably required by the Master Servicer.
Servicer and (bd) the amount of any Monthly Advances made by the Servicer on such Monthly Remittance Date. Beginning with the calendar year 20032005, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2004 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 3 contracts
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-14), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto and limited to the information that is reasonably available to the Servicer (or in such other format formats mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted mutually agreed upon by the Servicer and Master Servicer.
(b) Beginning with calendar year 2003, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h), Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 2003, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h), Servicing Agreement (Structured Asset Securities Corp)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032005, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2004 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences sentence at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)
Statements to the Master Servicer. (a) Not later Upon request the Servicer shall forward to the Master Servicer or its designee a statement prepared by the Servicer setting forth the status of the Custodial Account as of the close of business on such Distribution Date and showing, for the period covered by such statement sufficient detail to as to allow the Master Servicer to determine that the account has been properly balanced and funded. In addition, not more than 60 days after the tenth calendar day end of each month or, if such calendar day is not a Business Day, the immediately preceding Business Dayyear, the Servicer shall furnish to each Person who was the Master Servicer: Servicer at any time during such calendar year, (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and aggregate of remittances for the period ending on applicable portion of such year, an annual statement in accordance with the last calendar day requirements of the preceding month applicable federal income tax law, and (ii) all listing of the principal balances of the Mortgage Loans outstanding at the end of such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 2003, the year. The Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's its federal income tax return as the Master Servicer may reasonably request from time to time.
(cxix) The Monthly Remittance Advice Section 11.25 shall also include on a current be amended so that references to the “Purchaser” in the last sentence thereof are changed to “the Depositor, the Master Servicer and cumulative basis the amount Trustee”.
8. Notwithstanding any term hereof to the contrary, the execution and delivery of this AAR Agreement by the Trustee is solely in its capacity as trustee for the Trust and not individually, and any recourse against the Trustee in respect of any obligations it may have under or pursuant to the terms of this AAR Agreement shall be limited solely to the assets it may hold as trustee of the Trust. It is expressly understood and agreed by the parties hereto that (i) claims filedthis AAR Agreement is executed and delivered by the Trustee, not individually or personally but solely as trustee on behalf of the Trust, in the exercise of the powers and authority conferred and vested in it, (ii) claim payments madeeach of the representations, undertakings and agreements by the Assignee is made and intended for the purpose of binding only the Trust, (iii) claims denied nothing herein contained shall be construed as creating any liability on the part of the Trustee, individually or personally, to perform any covenant (either express or implied) contained herein, and all such liability, if any, is hereby expressly waived by the parties hereto, and such waiver shall bind any third party making a claim by or through one of the parties hereto, and (iv) policies cancelled with respect under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust (including, but not limited to, any amounts to those Serviced Mortgage Loans covered by be paid under the Purchase Agreement), or be liable for the breach or failure of any PMI Policy obligation, representation, warranty or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced covenant made or undertaken by the Servicer by deposit in Trust under this AAR Agreement, the Custodial Account on Pooling Agreement or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Daterelated document.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 2 contracts
Samples: Assignment, Assumption and Recognition Agreement (Hsi Asset Securitization Corp), Assignment, Assumption and Recognition Agreement (Hsi Asset Securitization Corp)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Interim Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 2003, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h), Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto and limited to the information that is reasonably available to the Servicer (or in such other format formats mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted mutually agreed upon by the Servicer and Master Servicer.
(b) Beginning with calendar year 20032004, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp), Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032005, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2004 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the servicing of the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 2 contracts
Samples: Servicing Agreement (Structured Asset Securities Corp 2004-18h), Servicing Agreement (Structured Asset Securities Corp)
Statements to the Master Servicer. (a) The Company shall deliver or cause to be delivered to the Master Servicer executed copies of the custodial and escrow account letter agreements pursuant to Sections 11.04 and 11.06 within 30 days of the Closing Date. Not later than the tenth calendar day of each month or, (or if such calendar day is not a Business Day, the immediately preceding Business Day), the Servicer shall furnish to the Master Servicer: Servicer (ia) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by between the Servicer and the Master Servicer) (collectively, the "Monthly Remittance Advice") as relating to the accompanying remittance and the period ending on the last calendar day of the preceding month and calendar month, (iib) all such information required pursuant to clause (ia) above on a magnetic tape or other similar media reasonably accepted acceptable to the Master Servicer, (c) on a current and cumulative basis the amount of any (i) claims filed, (ii) claims payments made, (iii) claims denied, (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy and (v) all such other information reasonably required by the Master Servicer.
Servicer and (bd) the amount of any Monthly Advances made by the Servicer on such Monthly Remittance Date. Beginning with the calendar year 20032007, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2006 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's ’s federal income tax return as the Master Servicer may reasonably request from time to time.
33. Subsection 12.01 (c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by ServicerIndemnification; Third Party Claims) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used restated in its entirety to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Sectionread as follows: The Servicer shall indemnify Xxxxxx Brothers Holdings, the Trust Fund, the Trustee and the Master Servicer and hold each of them harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that any of such parties may sustain in any way related to the failure of the Servicer to perform its duties and service the Mortgage Loans in compliance with the terms of this Agreement. The Servicer immediately shall notify Xxxxxx Brothers Holdings, the Master Servicer and the Trustee or any other relevant party if a claim is made by a third party with respect to this Agreement or the Mortgage Loans, assume (with the prior written consent of the indemnified party, which consent shall not be required to unreasonably withheld or delayed) the defense of any such claim and pay all expenses incurred by in connection therewith, including counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against it or any of such parties in respect of such claim. The Servicer shall follow any written instructions received from the Trustee in connection with its servicing activities hereunder such claim. The Servicer shall provide the Trustee with a written report of all expenses and advances incurred by the Servicer pursuant to this Subsection 12.01, and the Trustee from the assets of the Trust Fund promptly shall not be entitled reimburse the Servicer for all amounts advanced by it pursuant to reimbursement thereof the preceding sentence except as specifically provided for hereinwhen the claim is in any way related to the failure of the Servicer to service and administer the Mortgage Loans in compliance with the terms of this Agreement or the gross negligence, bad faith or willful misconduct of this Servicer.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-14n)
Statements to the Master Servicer. (a) The Company shall deliver or cause to be delivered to the Master Servicer executed copies of the custodial and escrow account letter agreements pursuant to Sections 4.04 and 4.06 within 30 days of the Closing Date. Not later than the tenth calendar day of each month (or, if such calendar tenth day is not a Business Day, the immediately preceding following Business Day), the Servicer Company shall furnish to the Master Servicer: Servicer (ia) a monthly remittance advice and reporting format in the format set forth in Exhibit E-1 hereto currently being used and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Company and by the Master Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month Determination Date and (iib) all such information required pursuant to clause (ia) above on a magnetic tape or other similar media reasonably accepted by acceptable to the Master Servicer.
(b) . Beginning with calendar year 20032007, the Servicer Company shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2006 and the portion of subsequent tax years for which the Servicer Company has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer Company shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's ’s federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
2423. Section 4.03 5.03 (Monthly P&I Advances by Servicerthe Company) is hereby amended by adding and restated in its entirety as follows: On the following new sentence Business Day immediately following preceding each Remittance Date, the first sentence Company shall deposit in the Custodial Account from its own funds an amount equal to all Monthly Payments (with interest adjusted to the Mortgage Loan Remittance Rate) which were due on the Mortgage Loans during the applicable Due Period and which were delinquent at the close of such section: business on the immediately preceding Determination Date or which were deferred pursuant to Section 4.01. Any amounts held for future distribution and so used to make Monthly P&I Advances shall be replaced by the Servicer Company by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date. The Company’s obligation to make such P&I Advances as to any Mortgage Loan will continue through the last Monthly Payment due prior to the payment in full of the Mortgage Loan, or through the last Remittance Date prior to the Remittance Date for the distribution of all Liquidation Proceeds and other payments or recoveries (including Insurance Proceeds and Condemnation Proceeds) with respect to the Mortgage Loan unless the Company deems such P&I Advances to be unrecoverable, as evidenced by an Officer’s Certificate of the Company delivered to the Master Servicer.
2524. Section 5.01 6.03 (Servicing Compensation) is hereby amended by adding the following sentences sentence at the end of such Section: The Servicer Company shall be required to pay all expenses incurred by it in connection with its servicing activities hereunder and shall not be entitled to reimbursement thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-12n)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer Company shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 D-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 D-2 hereto (or in such other format formats mutually agreed upon by the Servicer Company and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 2003, the Servicer Company shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 and the portion of subsequent tax years for which the Servicer Company has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer Company shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
2423. Section 4.03 5.03 (Monthly Advances by ServicerCompany) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer Company by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
2524. Section 5.01 6.03 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The Servicer Company shall be required to pay all expenses incurred by it in connection with its servicing activities hereunder and shall not be entitled to reimbursement thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto and limited to the information that is reasonably available to the Servicer (or in such other format formats mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted mutually agreed upon by the Servicer and Master Servicer.
(b) Beginning with calendar year 20032005, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2004 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences sentence at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)
Statements to the Master Servicer. (a) The Company shall deliver or cause to be delivered to the Master Servicer executed copies of the custodial and escrow account letter agreements pursuant to Sections 11.04 and 11.06 within 30 days of the Closing Date. Not later than the tenth calendar day of each month or, (or if such calendar day is not a Business Day, the immediately preceding Business Day), the Servicer shall furnish to the Master Servicer: Servicer (ia) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by between the Servicer and the Master Servicer) (collectively, the "Monthly Remittance Advice") as relating to the accompanying remittance and the period ending on the last calendar day of the preceding month and calendar month, (iib) all such information required pursuant to clause (ia) above on a magnetic tape or other similar media reasonably accepted acceptable to the Master Servicer, (c) on a current and cumulative basis the amount of any (i) claims filed, (ii) claims payments made, (iii) claims denied, (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy and (v) all such other information reasonably required by the Master Servicer.
Servicer and (bd) the amount of any Monthly Advances made by the Servicer on such Monthly Remittance Date. Beginning with the calendar year 20032007, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2006 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Lehman XS Trust Series 2006-10n)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, (or if such calendar day is not a Business Day, the immediately preceding succeeding Business Day), the Servicer shall furnish to the Master Servicer: Servicer (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and D-1 hereto, a monthly defaulted loan report in the format set forth in Exhibit E-2 D-2 hereto (or in such other format mutually agreed upon by to between the Servicer and the Master Servicer) (collectively, the "Monthly Remittance Advice") as relating to the accompanying remittance and the period ending on the last calendar day of the preceding calendar month and a monthly loan loss report in the format set forth in Exhibit D-3 hereto and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted acceptable to the Master Servicer; provided, however, the information required by Exhibit D-2 and Exhibit D-3 is limited to that which is readily available to the Servicer and is mutually agreed to by the Servicer and Master Servicer.
(b) Beginning with calendar year 2003, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
2437. Section 4.03 6.02 (Monthly Advances by ServicerSatisfaction of Mortgages and Release of Retained Mortgage Files) is hereby amended by adding replacing the following new sentence immediately following second paragraph thereof with the following: If the Servicer satisfies or releases a Mortgage without first sentence having obtained payment in full of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced the indebtedness secured by the Mortgage (other than as a result of a modification of the Mortgage Loan or a liquidation of the Mortgaged Property pursuant to the terms of this Agreement) or should the Servicer by otherwise prejudice any rights the Purchaser may have under the mortgage instruments, upon written demand of the Purchaser, the Servicer shall deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account entire outstanding principal balance, plus all accrued interest on such Remittance Date shall be less than payments to Mortgage Loan, on the Trust Fund required to be made on such day preceding the next Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The Servicer shall be required to pay all expenses incurred by it in connection with its servicing activities hereunder maintain the Fidelity Bond and shall not be entitled to reimbursement thereof except Errors and Omissions Insurance Policy as specifically provided for in Section 4.12 insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein.
Appears in 1 contract
Samples: Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Interim Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032005, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2004 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp 2004-18h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032005, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2004 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 E-l hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer to the extent such information may be obtained from the Servicer's electronic servicing system.
(b) Beginning with calendar year 20032006, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2005 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
2425. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
2526. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences sentence at the end of such Section: The 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 thereof except as specifically provided for herein.
27. The first paragraph of Section 5.02 (Transfers of the Mortgaged Property) is hereby amended in its entirety to read as follows: The Servicer shall use its best efforts to enforce any "due-on-sale" provision contained in any Mortgage or Mortgage Note and to deny assumption by the person to whom the Mortgaged Property has been or is about to be sold whether by absolute conveyance or by contract of sale, and whether or not the Mortgagor remains liable on the Mortgage and the Mortgage Note. When the Mortgaged Property has been conveyed by the Mortgagor, the Servicer shall, to the extent it has knowledge of such conveyance, exercise its rights to accelerate the maturity of such Mortgage Loan under the "due-on-sale" clause applicable thereto, provided, however, that the Servicer shall not exercise such rights if prohibited by law from doing so or if the exercise of such rights would impair or threaten to impair any recovery under the related PMI Policy or LPMI Policy, if any. The second paragraph is hereby amended by removing the phrase "or if the Owner approves such assumption pursuant to the preceding paragraph" from the first sentence.
Appears in 1 contract
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 D-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 D-2 hereto (or in such other format mutually agreed upon by the Interim Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032004, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Series 2003-7h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Interim Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 2003, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 D-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 D-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032004, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 E-l hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032004, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences sentence at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-33h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 D-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 D-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032004, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences sentence at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-33h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 2003, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences sentence at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 D-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 D-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 2003, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
2423. Section 4.03 5.03 (Monthly Advances by ServicerCompany) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
2524. Section 5.01 6.03 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 03 2a)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 D-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 D-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032005, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2004 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp 2004-18h)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, if such calendar day is not a Business Day, the immediately preceding Business Day, the Servicer shall furnish to the Master Servicer: (i) a monthly remittance advice in the format set forth in Exhibit E-1 D-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 D-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and the period ending on the last calendar day of the preceding month and (ii) all such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 20032004, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2003 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.,
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Securities Corp Mort Pass Thru Ser 2004-5h)
Statements to the Master Servicer. (a) Not later Upon request the Servicer shall forward to the Master Servicer or its designee a statement prepared by the Servicer setting forth the status of the Custodial Account as of the close of business on such Distribution Date and showing, for the period covered by such statement sufficient detail to as to allow the Master Servicer to determine that the account has been properly balanced and funded. In addition, not more than 60 days after the tenth calendar day end of each month or, if such calendar day is not a Business Day, the immediately preceding Business Dayyear, the Servicer shall furnish to each Person who was the Master Servicer: Servicer at any time during such calendar year, (i) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by the Servicer and Master Servicer) (collectively, the "Monthly Remittance Advice") as to the accompanying remittance and aggregate of remittances for the period ending on applicable portion of such year, an annual statement in accordance with the last calendar day requirements of the preceding month applicable federal income tax law, and (ii) all listing of the principal balances of the Mortgage Loans outstanding at the end of such information required pursuant to clause (i) above on a magnetic tape or other similar media reasonably accepted by the Master Servicer.
(b) Beginning with calendar year 2003, the year. The Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's its federal income tax return as the Master Servicer may reasonably request from time to time.
(cxiv) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances 11.25 shall be replaced by amended so that references to the Servicer by deposit "Purchaser" in the Custodial Account on or before any future Remittance Date if funds in last sentence thereof are changed to "the Custodial Account on such Remittance Date shall be less than payments to Depositor, the Trust Fund required to be made on such Remittance DateMaster Servicer and the Trustee".
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (HSI Asset Loan Obligation Trust 2007-Ar1)
Statements to the Master Servicer. (a) Not later than the tenth calendar day of each month or, (or if such calendar day is not a Business Day, the immediately preceding Business Day), the Servicer shall furnish to the Master Servicer: Servicer (ia) a monthly remittance advice in the format set forth in Exhibit E-1 hereto and a monthly defaulted loan report in the format set forth in Exhibit E-2 hereto (or in such other format mutually agreed upon by between the Servicer and the Master Servicer) (collectively, the "Monthly Remittance Advice") as relating to the accompanying remittance and the period ending on the last calendar day of the preceding month and calendar month, (iib) all such information required pursuant to clause (ia) above on a magnetic tape or other similar media reasonably accepted acceptable to the Master Servicer, (c) on a current and cumulative basis the amount of any (i) claims filed, (ii) claims payments made, (iii) claims denied, (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy and (v) all such other information reasonably required by the Master Servicer.
Servicer and (bd) the amount of any Monthly Advances made by the Servicer on such Monthly Remittance Date. Beginning with the calendar year 20032005, the Servicer shall prepare and file any and all tax returns, information statements or other filings for the portion of the tax year 2002 2004 and the portion of subsequent tax years for which the Servicer has serviced some or all of the Mortgage Loans hereunder as such returns, information statements or other filings are required to be delivered to any governmental taxing authority or to the Master Servicer pursuant to any applicable law with respect to the Mortgage Loans and the transactions contemplated hereby. In addition, the Servicer shall provide the Master Servicer with such information concerning the Mortgage Loans as is necessary for the Master Servicer to prepare the Trust Fund's federal income tax return as the Master Servicer may reasonably request from time to time.
(c) The Monthly Remittance Advice shall also include on a current and cumulative basis the amount of any (i) claims filed, (ii) claim payments made, (iii) claims denied and (iv) policies cancelled with respect to those Serviced Mortgage Loans covered by any PMI Policy or LPMI Policy.
24. Section 4.03 (Monthly Advances by Servicer) is hereby amended by adding the following new sentence immediately following the first sentence of such section: Any amounts held for future distribution and so used to make Monthly Advances shall be replaced by the Servicer by deposit in the Custodial Account on or before any future Remittance Date if funds in the Custodial Account on such Remittance Date shall be less than payments to the Trust Fund required to be made on such Remittance Date.
25. Section 5.01 (Servicing Compensation) is hereby amended by adding the following sentences at the end of such Section: The 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 thereof except as specifically provided for herein.
Appears in 1 contract
Samples: Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)