Trustee's Fees and Expenses. The Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, all reasonable out of pocket expenses, disbursements and advances and the expenses of the Trustee in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist), any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advances. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 55 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He6), Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Sl2)
Trustee's Fees and Expenses. The Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist), any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advances. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 17 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-Fr2), Pooling and Servicing Agreement (Asset-Backed Certificates Series 2004-He1), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2004-He7)
Trustee's Fees and Expenses. The Trustee will shall be entitled to the Trustee Fee as compensation for its activities under this Agreement. In addition, the Trustee shall be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 5.09 all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee and in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders or the Trust Fund hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesadvances upon demand. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac2), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac6), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac3)
Trustee's Fees and Expenses. The Trustee will be entitled to recover recover, from the Distribution Account pursuant to Section 4.05, the Trustee Fee, all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) or incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders hereunderCertificateholders. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances expenses from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesadvances upon demand. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3), Pooling and Servicing Agreement (Prime Mortgage Trust 2007-1)
Trustee's Fees and Expenses. The Trustee shall be compensated by the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under any Yield Maintenance Agreement or the Certificate Insurance Policy (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc), Pooling Agreement (HarborView Mortgage Loan Trust 2005-9), Pooling Agreement (HarborView Mortgage Loan Trust 2005-10)
Trustee's Fees and Expenses. The Trustee shall be compensated by the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under the Yield Maintenance Agreement or the Certificate Insurance Policy (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 2 contracts
Samples: Pooling Agreement (Mortgage Loan Pass-Through Certificates Series 2005-12), Pooling Agreement (HarborView Mortgage Loan Trust 2005-16)
Trustee's Fees and Expenses. The Trustee (including in its capacity as Custodian hereunder) shall be compensated by the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 3.10 all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under the Yield Maintenance Agreements (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, the Servicer or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc), Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-5)
Trustee's Fees and Expenses. The Trustee shall be compensated by the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under the Certificate Insurance Policy (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 2 contracts
Samples: Pooling Agreement (Harborview 2006-5), Pooling Agreement (Harborview 2006-4)
Trustee's Fees and Expenses. The Trustee shall be paid the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-2), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc Harborview Mort Ln Tr 03 3)
Trustee's Fees and Expenses. The Trustee shall be compensated by the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under the Financial Guaranty Insurance Policy (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling Agreement (Harborview Mortgage Loan Trust 2006-1)
Trustee's Fees and Expenses. The Trustee shall be entitled to the Trustee Fee and investment income on funds in the Distribution Account as compensation for its activities under this Agreement. The fees and expenses of the Trustee shall be paid in accordance with a side letter agreement with the Trustee and at the expense of the Trustee. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.05(a)(ii) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) or incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders hereunderCertificateholders. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances expenses from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesadvances upon demand. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-5)
Trustee's Fees and Expenses. The Trustee shall be compensated by the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under any Yield Maintenance Agreement (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-3)
Trustee's Fees and Expenses. The fees of the Trustee shall be paid in accordance with the provisions of this Agreement. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 3.09(b) all reasonable out of out-of-pocket expenses, fees, disbursements and advances and the expenses of the Trustee in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement, any provision of this Agreement which so provides, or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders or the Trust Fund hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances expenses from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesSeller. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Trustee's Fees and Expenses. The Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, all reasonable out of pocket expenses, disbursements and advances and the expenses of the Trustee in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist), any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advances. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He10)
Trustee's Fees and Expenses. The Trustee (including in its capacity as Custodian hereunder) shall each be compensated by the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under the Yield Maintenance Agreements (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-11)
Trustee's Fees and Expenses. The fees of the Trustee shall be paid in accordance with the provisions of this Agreement. In addition, the Trustee will be entitled to recover from the Distribution Certificate Account pursuant to Section 4.05, the Trustee Fee, 4.02(c) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders or the Trust Fund hereunder. If funds in the Distribution Certificate Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances expenses from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesSeller. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Structured Asset Mortgage Investments Inc)
Trustee's Fees and Expenses. The On each Distribution Date, the Trustee will be entitled shall pay itself two days’ float from amounts on deposit in the Distribution Account and any other amounts payable to it hereunder, including the right to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under any Yield Maintenance Agreement or the Certificate Insurance Policy (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling Agreement (Greenwich Capital Acceptance Inc)
Trustee's Fees and Expenses. The Trustee shall be compensated by the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under the Yield Maintenance Agreement (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Greenwich HarborView Mortgage Loan Trust 2005-1)
Trustee's Fees and Expenses. The Trustee (including in its capacity as Custodian hereunder) shall be compensated by the Trustee Fee as compensation for its services hereunder. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.03(a) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee advances, including without limitation, in connection with any filing that the Trustee is required to make under Section 3.06 hereof, any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the performance of its duties or the administration of the trusts hereunder (including, but not limited to, the performance of its duties under Section 2.03 hereof) or under the Yield Maintenance Agreements (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is specifically designated herein as the responsibility of the Depositor, the Seller, or the Certificateholders hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements expenses from future collections on the Mortgage Loans or advances from as otherwise agreed by the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesCertificateholders. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-9)
Trustee's Fees and Expenses. The Trustee shall be entitled to the Trustee Fee and investment income on funds in the Distribution Account as compensation for its activities under this Agreement. The fees and expenses of the Trustee shall be paid in accordance with a side letter agreement with the Trustee and at the expense of the Trustee. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.05(a)(ii) all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee Trustee, respectively, in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) or incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders hereunderCertificateholders. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances expenses from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesadvances upon demand. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-3)
Trustee's Fees and Expenses. The Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.055.08, the Trustee Fee, all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee in connection with any Event of Default (or anything related thereto, including any determination that an Event of Default does or does not exist)Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders or the Trust Fund hereunder. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesadvances upon demand. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ac1)
Trustee's Fees and Expenses. The Trustee shall withdraw from the Distribution Account on each Distribution Date of the Trustee Fee. In addition, all income and gain realized from any investment of funds in the Distribution Account shall be for the benefit of the Trustee as additional compensation. In addition, the Trustee will be entitled to recover from the Distribution Account pursuant to Section 4.05, the Trustee Fee, 4.07 all reasonable out of out-of-pocket expenses, disbursements and advances and the expenses of the Trustee in connection with the performance of its duties and obligations hereunder or under any Event of Default (or anything related theretodocuments, including any determination that an Event of Default does or does not exist)Servicer Default, any breach of this Agreement or any claim or legal action (including any pending or threatened claim or legal action) incurred or made by the Trustee in the administration of the trusts hereunder (including the reasonable compensation, expenses and disbursements of its counsel) except any such expense, disbursement or advance as may arise from its negligence or intentional misconduct or which is the responsibility of the Certificateholders hereundermisconduct. If funds in the Distribution Account are insufficient therefor, the Trustee shall recover such expenses, disbursements or advances expenses from the Depositor and the Depositor hereby agrees to pay such expenses, disbursements or advancesSeller. Such compensation and reimbursement obligation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust. The rights of the Trustee under this Section 9.05 shall survive the termination of this Agreement and the resignation or removal of the Trustee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corp)