The Note Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Note Account”) entitled “Note Account, [________________], as Indenture Trustee, in trust for the benefit of the Holders of SASCO Mortgage Loan Trust 20[__]-[__] Mortgage Backed Notes, Series 20[__]-[__].” The Note Account shall be an Eligible Account. If the existing Note Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Note Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Note Account into such new Note Account. The Note Account shall relate solely to the Notes issued hereunder and funds in the Note Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement. (b) On the Closing Date, the Indenture Trustee shall deposit or cause to be deposited into the Note Account on the Business Day immediately following the day on which the Total Payment Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Note Account only for the following purposes: (i) to make payment to itself pursuant to any provision of this Agreement or to reimburse itself for any fees or expenses reimbursable to it pursuant to Section 4.32; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Indenture Trustee pursuant to Section 4.13, in connection with any transfer of servicing, shall not be withdrawn from the Note Account and paid to the Indenture Trustee and the Indenture Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.03(b)(viii) hereof; (ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any; (iii) to withdraw amounts deposited in the Note Account in error; (iv) to make payments pursuant to this Article V and the terms of the Indenture; and (v) to clear and terminate the Note Account pursuant to Article VIII. The Indenture Trustee may invest, or cause to be invested, funds held in the Note Account in Eligible Investments (which may be obligations of the Indenture Trustee). All such investments must be payable on demand or mature no later than one Business Day prior to the next Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Note Account out of its own funds, without any right of reimbursement therefor, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (Structured Asset Securities Corp), Transfer and Servicing Agreement (Structured Asset Securities Corp)
The Note Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Note Account”) entitled “Note Account, [________________]U.S. Bank National Association, as Indenture Trustee, in trust for the benefit of the Holders of SASCO Mortgage Loan Trust 20[__]-[__] 2004-GEL3 Mortgage Backed Notes, Series 20[__]-[__]2004-GEL3.” The Note Account shall be an Eligible Account. If the existing Note Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Note Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Note Account into such new Note Account. The Note Account shall relate solely to the Notes issued hereunder and funds in the Note Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) On the Closing Date, the Indenture Trustee shall deposit or cause to be deposited into the Note Account on the Business Day immediately following the day on which the Total Payment Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Note Account only for the following purposes:
(i) to make payment to itself pursuant to any provision of this Agreement or to reimburse itself for any fees or expenses reimbursable to it pursuant to Section 4.32; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Indenture Trustee pursuant to Section 4.13, in connection with any transfer of servicing, shall not be withdrawn from the Note Account and paid to the Indenture Trustee and the Indenture Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.03(b)(viii) hereof;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Note Account in error;
(iv) to make payments pursuant to this Article V and the terms of the Indenture; and
(v) to clear and terminate the Note Account pursuant to Article VIII. The Indenture Trustee may invest, or cause to be invested, funds held in the Note Account in Eligible Investments (which may be obligations of the Indenture Trustee). All such investments must be payable on demand or mature no later than one Business Day prior to the next Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Note Account out of its own funds, without any right of reimbursement therefor, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (SASCO Mortgage Loan Trust 2004-Gel3)
The Note Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Note Account”) entitled “Note Account, [________________]U.S. Bank National Association, as Indenture Trustee, in trust for the benefit of the Holders of SASCO Mortgage Loan Trust 20[__]-[__] 2004-GEL2 Mortgage Backed Notes, Series 20[__]-[__]2004-GEL2.” The Note Account shall be an Eligible Account. If the existing Note Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Note Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Note Account into such new Note Account. The Note Account shall relate solely to the Notes issued hereunder and funds in the Note Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) On the Closing Date, the Indenture Trustee shall deposit or cause to be deposited into the Note Account on the Business Day immediately following the day on which the Total Payment Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Note Account only for the following purposes:
(i) to make payment to itself pursuant to any provision of this Agreement or to reimburse itself for any fees or expenses reimbursable to it pursuant to Section 4.32; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Indenture Trustee pursuant to Section 4.13, in connection with any transfer of servicing, shall not be withdrawn from the Note Account and paid to the Indenture Trustee and the Indenture Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.03(b)(viii) hereof;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Note Account in error;
(iv) to make payments pursuant to this Article V and the terms of the Indenture; and
(v) to clear and terminate the Note Account pursuant to Article VIII. The Indenture Trustee may invest, or cause to be invested, funds held in the Note Account in Eligible Investments (which may be obligations of the Indenture Trustee). All such investments must be payable on demand or mature no later than one Business Day prior to the next Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Note Account out of its own funds, without any right of reimbursement therefor, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)
The Note Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Note Account”) entitled “Note Account, [________________]U.S. Bank National Association, as Indenture Trustee, in trust for the benefit of the Holders of SASCO Mortgage Loan Trust 20[__]-[__] 2003-GEL1 Mortgage Backed Notes, Series 20[__]-[__]2003-GEL1.” The Note Account shall be an Eligible Account. If the existing Note Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Note Account that is an Eligible Account within 10 Business Days and transfer all funds and investment property on deposit in such existing Note Account into such new Note Account. The Note Account shall relate solely to the Notes issued hereunder and funds in the Note Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) On the Closing Date, the Indenture Trustee shall deposit or cause to be deposited into the Note Account on the Business Day immediately following the day on which the Total Payment Remittance Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. The Indenture Trustee shall make withdrawals from the Note Account only for the following purposes:
(i) to make payment to itself pursuant to any provision of this Agreement or to reimburse itself for any fees or expenses reimbursable to it pursuant to Section 4.32; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Indenture Trustee pursuant to Section 4.13, in connection with any transfer of servicing, shall not be withdrawn from the Note Account and paid to the Indenture Trustee and the Indenture Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.03(b)(viii) hereof;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Note Account in error;
(iv) to make payments distributions pursuant to this Article V and the terms of the Indenture; and
(v) to clear and terminate the Note Account pursuant to Article VIII. The Indenture Trustee may invest, or cause to be invested, funds held in the Note Account in Eligible Investments (which may be obligations of the Indenture Trustee). All such investments must be payable on demand or mature no later than one Business Day prior to the next Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit in the Note Account out of its own funds, without any right of reimbursement therefor, immediately as realized. All income and gain realized from any such investment shall be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to time.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Sasco Mortgage Loan Trust Series 2003-Gel1)
The Note Account. (a) The Indenture Trustee shall establish and maintain maintain, in the name of the Securities Intermediary Intermediary, as a segregated account which shall be an account Eligible Account (the “Note Account”) entitled “Note Account, [________________], as Indenture Trustee, in trust for the benefit of the Holders of SASCO Mortgage Loan Trust 20[__]-[__] Mortgage Backed Notes, Series 20[__]-[__].” The Note Account shall be an Eligible AccountSecurityholders and the Indenture Trustee. If the existing Note Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Note Account that is an Eligible Account within 10 20 Business Days and transfer all funds and investment property on deposit in such existing Note Account into such new Note Account. The Note Account shall relate solely to the Notes issued hereunder and funds in the Note Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) On the Closing each Master Servicer Remittance Date, the Indenture Trustee shall deposit amounts received from the Master Servicer pursuant to Section 5.03(d) or cause to be deposited into the Note Account on the Business Day immediately following the day on which the Total Payment Amount is amounts are remitted by the Master Servicer to the Indenture Trustee, all such amountsTrustee pursuant to Section 5.03(d) or otherwise. The Indenture Trustee shall make withdrawals from the Note Account only for the following purposes:
(i) to make payment return to itself pursuant to the Master Servicer or the applicable Servicer, any provision of this Agreement or to reimburse itself for any fees or expenses reimbursable to it amounts which should have been withdrawn from the Collection Account pursuant to Section 4.32; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Indenture Trustee pursuant to Section 4.13, in connection with any transfer of servicing, shall not be withdrawn from the Note Account and paid to the Indenture Trustee and the Indenture Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.03(b)(viii) hereof5.02(a);
(ii) to make payment pay to itself the Owner Trustee, the Owner monthly Indenture Trustee Fee for such Payment Date, if anyFee;
(iii) to withdraw amounts deposited reimburse the Indenture Trustee, the Owner Trustee and the Master Servicer for expenses, costs and liabilities incurred by or reimbursable to it pursuant to Sections 4.23 or as otherwise provided in the Note Account in errorthis Agreement;
(iv) to make distributions of Retained Interest to the Retained Interest Holder on each Payment Date;
(v) to remove amounts deposited in error;
(vi) to make payments pursuant on the Notes as contemplated by Section 5.06;
(vii) to this Article V and pay any Additional Yield Maintenance Payments for such Payment Date;
(viii) to make payments to the terms of the IndentureCertificate Account as contemplated by Section 5.08; and
(vix) to clear and terminate the Note Account pursuant to Article VIIISection 7.01. The Indenture Trustee may invest, or cause to be invested, funds held in the Note Account at the direction of Xxxxxxxxx (which may be standing instructions), in Eligible its capacity as a Servicer, which funds, if invested, shall be invested in Permitted Investments (which may be obligations of the Indenture Trustee). All such investments must be payable on demand or mature on or before the next Payment Date if the obligor of such Permitted Investment is the Indenture Trustee or, if the obligor is any other Person, no later than one the Business Day prior to the next preceding such Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Permitted Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be for the benefit of Xxxxxxxxx as additional compensation in connection with its capacity as a Servicer and shall be subject to withdrawal on order from time to time and shall not be part of the Trust Estate. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee Xxxxxxxxx for deposit in the Note Account out of its own funds, without any right of reimbursement therefor, immediately as realized. All income and gain realized from any such investment shall be compensation In the event Xxxxxxxxx does not provide written direction to the Indenture Trustee pursuant to this Section, all funds on deposit in the Note Account shall remain uninvested. The Indenture Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Indenture Trustee’s economic self-interest for (i) serving as investment adviser, administrator, shareholder, servicing agent, custodian or sub-custodian with respect to certain of the Permitted Investments, (ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. Such compensation shall not be subject to its withdrawal on order from time to timepayable or reimbursable under this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6)
The Note Account. (a) The Indenture Trustee shall establish and maintain in the name of the Securities Intermediary an account (the “Note Account”) entitled “Note Account, [________________]JPMorgan Chase Bank, as Indenture Trustee, in trust for the benefit of the Holders of SASCO Structured Asset Securities Corporation Mortgage Loan Trust 20[__]-[__] Mortgage 2002-9 Mortgage-Backed NotesSecurities, Series 20[__]-[__]2002-9.” The Note Account shall be an Eligible Account. If the existing Note Account ceases to be an Eligible Account, the Indenture Trustee shall establish a new Note Account that is an Eligible Account within 10 20 Business Days and transfer all funds and investment property on deposit in such existing Note Account into such new Note Account. The Note Account shall relate solely to the Notes issued hereunder and funds in the Note Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee held under this Agreement.
(b) On the Closing Date, the Indenture Trustee shall deposit the Ameriquest Interest Amount for distribution on the first Payment Date as part of the Interest Remittance Amount. The Indenture Trustee shall also deposit or cause to be deposited into the Note Account on the Business Day immediately following the day on which the Total Payment Remittance Amount is remitted by the Master Servicer to the Indenture Trustee, all such amounts. In addition, on the Payment Date, the Indenture Trustee shall withdraw from the Reserve Fund, any amounts deposited therein by the Master Servicer on the related Deposit Date and deposit such amounts in the Note Account. The Indenture Trustee shall make withdrawals from the Note Account only for the following purposes:
(i) to make payment to itself pursuant to any provision of this Agreement or to reimburse itself for any fees or expenses reimbursable to it pursuant to Section 4.32; provided, however, that any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Indenture Trustee pursuant to Section 4.13, in connection with any transfer of servicing, shall not be withdrawn from the Note Account and paid to the Indenture Trustee and the Indenture Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.03(b)(viii) hereof;
(ii) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any;
(iii) to withdraw amounts deposited in the Note Account in error;
(ivii) to make payments to itself and others pursuant to any provision of this Agreement, including payment to the Master Servicer of all investment income on funds in the Note Account;
(iii) to make distributions pursuant to this Article V and the terms of the Indenture; and
(viv) to clear and terminate the Note Account pursuant to Article VIIIVII. The Indenture Trustee may invest, or cause to be invested, funds held in the Note Account at the direction of the Master Servicer, which funds, if invested, shall be invested in Eligible Investments (which may be obligations of the Indenture Trustee). All such investments must be payable on demand or mature no later than one Business Day prior to the next Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. All income and gain realized from any such investment shall be for the benefit of the Master Servicer and shall be subject to withdrawal on order from time to time and shall not be part of the Trust Estate. The amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee Master Servicer for deposit in the Note Account out of its own funds, without any right of reimbursement therefor, immediately as realized. All income and gain realized from any such investment shall be compensation In the event the Master Servicer does not provide written direction to the Indenture Trustee and pursuant to this Section, all funds on deposit in the Note Account shall be subject to its withdrawal on order from time to time.invested in a money market or common trust fund as described in paragraph (viii) of the definition of “Eligible Investment” set forth in Article I.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Structured Asset Securities Corp Mort Back Notes Ser 2002 9)
The Note Account. (a) The Indenture Trustee Trust Administrator shall establish and maintain maintain, in the name of the Securities Intermediary Intermediary, as a segregated account which shall be an account Eligible Account (the “Note Account”) entitled “Note Account, [________________], as Indenture Trustee, in trust for the benefit of the Holders Securityholders and the Trust Administrator on behalf of SASCO Mortgage Loan Trust 20[__]-[__] Mortgage Backed Notes, Series 20[__]-[__].” The Note Account shall be an Eligible Accountthe Indenture Trustee. If the existing Note Account ceases to be an Eligible Account, the Indenture Trustee Trust Administrator shall establish a new Note Account that is an Eligible Account within 10 20 Business Days and transfer all funds and investment property on deposit in such existing Note Account into such new Note Account. The Note Account shall relate solely to the Notes issued hereunder and funds in the Note Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee Trust Administrator held under this Agreement.
(b) On the Closing each Master Servicer Remittance Date, the Indenture Trustee Trust Administrator shall deposit amounts received from the Master Servicer pursuant to Section 5.03(d) or cause to be deposited into the Note Account on the Business Day immediately following the day on which the Total Payment Amount is amounts are remitted by the Master Servicer to the Indenture Trustee, all such amountsTrust Administrator pursuant to Section 5.03(d) or otherwise. The Indenture Trustee Trust Administrator shall make withdrawals from the Note Account only for the following purposes:
(i) to make payment return to itself the Master Servicer or the applicable Servicer, any amounts which should have been withdrawn from the Collection Account pursuant to any provision of this Agreement or Section 5.02(a);
(ii) [reserved];
(iii) to reimburse itself the Indenture Trustee, the Trust Administrator, the Owner Trustee, the Custodians and the Master Servicer for any fees expenses, costs and liabilities incurred by or expenses reimbursable to it pursuant to Section 4.32; provided, however, that 4.23 or as otherwise provided in this Agreement or any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Indenture Trustee pursuant to Section 4.13, in connection with any transfer of servicing, shall not be withdrawn from the Note Account and paid to the Indenture Trustee and the Indenture Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.03(b)(viii) hereofOperative Agreement;
(iiiv) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any[Reserved];
(iiiv) to withdraw remove amounts deposited in the Note Account in error;
(ivvi) to make payments pursuant on the Notes and to this Article V the Certificate Account as contemplated by Section 5.06 and the terms of the Indenture5.08, respectively; and
(vvii) to clear and terminate the Note Account pursuant to Article VIIISection 7.01. The Indenture Trustee Trust Administrator may invest, or cause to be invested, funds held in the Note Account which funds, if invested, shall be invested in Eligible Permitted Investments (which may be obligations of the Indenture TrusteeTrust Administrator). All such investments must be payable on demand or mature on or before the next Payment Date if the obligor of such Permitted Investment is the Trust Administrator or, if the obligor is any other Person, no later than one the Business Day prior to the next preceding such Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Permitted Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. All Permitted Investments shall be for the benefit of the Trust Administrator, in its capacity as Trust Administrator. Any and all investment earnings from such Permitted Investments shall be paid to the Trust Administrator and the risk of loss on such Permitted Investments shall be borne by and be the risk of the Trust Administrator. The Trust Administrator shall deposit the amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit loss in the Note Account out no later than the next Payment Date. The Trust Administrator or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trust Administrator’s economic self-interest for (i) serving as investment adviser, administrator, shareholder, servicing agent, custodian or sub-custodian with respect to certain of its own fundsthe Permitted Investments, without any right of reimbursement therefor, immediately as realized(ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. All income and gain realized from any such investment Such compensation shall not be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to timepayable or reimbursable under this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1)
The Note Account. (a) The Indenture Trustee Trust Administrator shall establish and maintain maintain, in the name of the Securities Intermediary Intermediary, as a segregated account which shall be an account Eligible Account (the “Note Account”) entitled “Note Account, [________________], as Indenture Trustee, in trust for the benefit of the Holders Securityholders and the Trust Administrator on behalf of SASCO Mortgage Loan Trust 20[__]-[__] Mortgage Backed Notes, Series 20[__]-[__].” The Note Account shall be an Eligible Accountthe Indenture Trustee. If the existing Note Account ceases to be an Eligible Account, the Indenture Trustee Trust Administrator shall establish a new Note Account that is an Eligible Account within 10 20 Business Days and transfer all funds and investment property on deposit in such existing Note Account into such new Note Account. The Note Account shall relate solely to the Notes issued hereunder and funds in the Note Account shall be held separate and apart from and shall not be commingled with any other monies including, without limitation, other monies of the Indenture Trustee Trust Administrator held under this Agreement.
(b) On the Closing each Master Servicer Remittance Date, the Indenture Trustee Trust Administrator shall deposit amounts received from the Master Servicer pursuant to Section 5.03(d) or cause to be deposited into the Note Account on the Business Day immediately following the day on which the Total Payment Amount is amounts are remitted by the Master Servicer to the Indenture Trustee, all such amountsTrust Administrator pursuant to Section 5.03(d) or otherwise. The Indenture Trustee Trust Administrator shall make withdrawals from the Note Account only for the following purposes:
(i) to make payment return to itself the Master Servicer or the Servicer, any amounts which should have been withdrawn from the Collection Account pursuant to any provision of this Agreement or Section 5.02(a);
(ii) [reserved];
(iii) to reimburse itself the Indenture Trustee, the Trust Administrator, the Owner Trustee, the Custodian and the Master Servicer for any fees expenses, costs and liabilities incurred by or expenses reimbursable to it pursuant to Section 4.32; provided, however, that 4.23 or as otherwise provided in this Agreement or any amounts in excess of the annual cap described in clause (b) of the definition of “Interest Remittance Amount” and clause (b) of the definition of “Principal Remittance Amount” in any Anniversary Year, other than costs and expenses incurred by the Indenture Trustee pursuant to Section 4.13, in connection with any transfer of servicing, shall not be withdrawn from the Note Account and paid to the Indenture Trustee and the Indenture Trustee’s reimbursement for such excess amounts shall be made pursuant to Section 5.03(b)(viii) hereofOperative Agreement;
(iiiv) to make payment to the Owner Trustee, the Owner Trustee Fee for such Payment Date, if any[Reserved];
(iiiv) to withdraw remove amounts deposited in the Note Account in error;
(ivvi) to make payments pursuant on the Notes and to this Article V the Certificate Account as contemplated by Section 5.06 and the terms of the Indenture5.08, respectively; and
(vvii) to clear and terminate the Note Account pursuant to Article VIIISection 7.01. The Indenture Trustee Trust Administrator may invest, or cause to be invested, funds held in the Note Account which funds, if invested, shall be invested in Eligible Permitted Investments (which may be obligations of the Indenture TrusteeTrust Administrator). All such investments must be payable on demand or mature on or before the next Payment Date if the obligor of such Permitted Investment is the Trust Administrator or, if the obligor is any other Person, no later than one the Business Day prior to the next preceding such Payment Date, and shall not be sold or disposed of prior to their maturity. All such Eligible Permitted Investments will be made in the name of the Indenture Trustee (in its capacity as such) or its nominee. All Permitted Investments shall be for the benefit of the Trust Administrator, in its capacity as Trust Administrator. Any and all investment earnings from such Permitted Investments shall be paid to the Trust Administrator and the risk of loss on such Permitted Investments shall be borne by and be the risk of the Trust Administrator. The Trust Administrator shall deposit the amount of any losses incurred in respect of any such investments shall be paid by the Indenture Trustee for deposit loss in the Note Account out no later than the next Payment Date. The Trust Administrator or its Affiliates are permitted to receive additional compensation that could be deemed to be in the Trust Administrator’s economic self-interest for (i) serving as investment adviser, administrator, shareholder, servicing agent, custodian or sub-custodian with respect to certain of its own fundsthe Permitted Investments, without any right of reimbursement therefor, immediately as realized(ii) using Affiliates to effect transactions in certain Permitted Investments and (iii) effecting transactions in certain Permitted Investments. All income and gain realized from any such investment Such compensation shall not be compensation to the Indenture Trustee and shall be subject to its withdrawal on order from time to timepayable or reimbursable under this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (New York Mortgage Trust 2005-2)