Common use of Withdrawals From Escrow Account Clause in Contracts

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 54 contracts

Samples: Flow Mortgage Loan Purchase and Sale Agreement, Flow Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-8), Flow Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-7)

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Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 36 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Servicing and Trust Agreement (GSAA Home Equity Trust 2007-8)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 22 contracts

Samples: Flow Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-3), Flow Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2013-1), Flow Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2012-4)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall may be made by the Seller Company only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicy premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Company for any Servicing Advance made by Seller Company pursuant to Subsection 11.08 Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restore restoration or repair of the Mortgaged Property, (f) to pay to deposit into the Mortgagor, to the extent required by law, any interest paid on Custodial Account the funds required to be deposited in the Escrow Accounttherein pursuant to Section 4.14, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required amounts to be paid which it is entitled pursuant to the Mortgagor)Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the extent permitted under the terms of the related Mortgage Note and applicable lawCompany pursuant to Section 3.03, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, or (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 20 contracts

Samples: Flow Sale and Servicing Agreement (GSR Mortgage Loan Trust 2006-2f), Reconstituted Servicing Agreement (Luminent 2006-4), Flow Sale and Servicing Agreement (GSR 2006-4f)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable lawApplicable Law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable lawApplicable Law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 11 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-9ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2006-2)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicies (if any), fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 9 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Structured Asset Securities Corp Mor Pa Th Ce Se 2002 23xs), Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-24), Sale and Servicing Agreement (Structured Asset Securities Co Mor Pass-THR Cer Ser 2002-19)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, as a Servicing Advance, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 6 contracts

Samples: Flow Mortgage Loan Servicing Agreement (Sequoia Mortgage Trust 2013-7), Flow Mortgage Loan Servicing Agreement (Sequoia Mortgage Trust 2013-3), Flow Mortgage Loan Servicing Agreement (Sequoia Mortgage Trust 2013-1)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Purchaser only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policieswater rates, mortgage insurance premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Purchaser for any Servicing Advance made by Seller Purchaser pursuant to Subsection 11.08 hereof this Exhibit with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), such withdrawal to be made monthly not later than the Remittance Date or (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 5 contracts

Samples: Interim Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4), Interim Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2), Interim Servicing Agreement (Merrill Lynch Investors Trust, Series 2006-A2)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicies (if any), fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account Account, (k) to pay the Mortgagors or other parties Insurance Proceeds deposited in accordance with Section 11.06 or (kl) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Lehman XS Trust Series 2006-14n), Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-21), Execution Version (Lehman XS Trust Series 2006-10n)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall may be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicy premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 Sections 4.08 and 4.10 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restore restoration or repair of the Mortgaged Property, (f) to pay to the MortgagorOwner in accordance with the terms of this Agreement , or to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on deposit into the Custodial Account the funds deposited in the Escrow Account (and not required to be paid deposited therein pursuant to the Mortgagor)Section 4.14, (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, pay to pay late fees with respect itself amounts to any Monthly Payment which it is received after the applicable grace periodentitled pursuant to Section 4.14, (i) to withdraw suspense payments that are deposited into remove funds inadvertently placed in an Escrow Account in error by the Escrow AccountServicer, (j) to withdraw any amounts inadvertently deposited transfer funds to another Eligible Depository Institution in the Escrow Account accordance with Section 4.09 hereof or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 4 contracts

Samples: Loan Servicing Agreement (Sequoia Mortgage Trust 2007-1), Loan Servicing Agreement (Sequoia Mortgage Trust 2007-3), Loan Servicing Agreement (Sequoia Mortgage Trust 2007-2)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-2), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2012-1)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by Seller or the Seller Subservicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policieswater rates, PMI premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 Section 10.13 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), such withdrawal to be made monthly not later than the Remittance Date or (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 3 contracts

Samples: Purchase and Servicing Agreement (Lehman Sarm 2005-5), Flow Mortgage Loan Purchase and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-15), Purchase and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Seller/Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and fire, or hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Seller/Servicer for any Servicing Advance made by Seller Seller/Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged PropertyProperty in accordance with the Mortgage Loan Documents, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the any applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account Account, or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 2 contracts

Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp Thorn Mort Sec Tr 2003-3), Reconstituted Servicing Agreement (Structured Asset Mortgage Investments Inc)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller the Servicer pursuant to Subsection Section 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 2 contracts

Samples: Custodial Agreement (GSR Mortgage Loan Trust 2006-9f), Custodial Agreement (GSR Mortgage Loan Trust 2006-10f)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall may be made by the Seller Company only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicy premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Company for any Servicing Advance made by Seller the Company pursuant to Subsection 11.08 Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restore restoration or repair of the Mortgaged Property, (f) to pay to deposit into the Mortgagor, to the extent required by law, any interest paid on Custodial Account the funds required to be deposited in the Escrow Accounttherein pursuant to Section 4.14, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required amounts to be paid which it is entitled pursuant to the Mortgagor)Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the extent permitted under the terms of the related Mortgage Note and applicable lawCompany pursuant to Section 3.03, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, or (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 2 contracts

Samples: Master Flow Sale and Servicing Agreement (Banc of America Funding 2007-4 Trust), Master Flow Sale and Servicing Agreement (Banc of America Funding 2007-3 Trust)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and fire, or hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection Section 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged PropertyProperty in accordance with the Mortgage Loan Documents, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (ji) to withdraw any amounts inadvertently deposited in the Escrow Account Account, (j) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by Seller pursuant to Subsection 6.03 or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-1), Pooling and Servicing Agreement (Sequoia Mortgage Trust 2006-1)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicing Administrator only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicing Administrator for any Servicing Advance made by Seller Servicing Administrator pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable lawApplicable Law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable lawApplicable Law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Servicing Agreement, Mortgage Loan Purchase and Servicing Agreement (Five Oaks Investment Corp.)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by Seller or the Seller Subservicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for water rates, Primary Mortgage Insurance PoliciesPolicy pre-miums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 Section 10.13 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments there-under, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), such withdrawal to be made monthly not later than the Remittance Date following the date of deposit therein or (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination termina-tion of this Agreement.

Appears in 2 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6), Letter Agreement (Citigroup Mortgage Loan Trust 2006-Ar7)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall may be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicy premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restore restoration or repair of the Mortgaged Property, (f) to pay to deposit into the Mortgagor, to the extent required by law, any interest paid on Custodial Account the funds required to be deposited in the Escrow Accounttherein pursuant to Section 4.14, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required amounts to be paid which it is entitled pursuant to the Mortgagor)Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the extent permitted under the terms of the related Mortgage Note and applicable lawSeller pursuant to Section 3.03, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, or (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-1)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by Seller or the Seller Subservicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policieswater rates, mortgage insurance premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 Section 10.13 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), such withdrawal to be made monthly not later than the Remittance Date or (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Servicing Agreement (Prime Mortgage Trust 2005-5)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.. Subsection 11.08

Appears in 1 contract

Samples: Flow Mortgage Loan Sale and Servicing Agreement

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall may be made by the Seller Company only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicy premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Company for any Servicing Advance made by Seller Company pursuant to Subsection 11.08 Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restore restoration or repair of the Mortgaged Property, (f) to pay to deposit into the Mortgagor, to the extent required by law, any interest paid on Custodial Account the funds required to be deposited in the Escrow Accounttherein pursuant to Section 4.14, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required amounts to be paid which it is entitled pursuant to the Mortgagor)Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the extent permitted under the terms of the related Mortgage Note and applicable law, Company pursuant to pay late fees with respect to any Monthly Payment which is received after the applicable grace periodSection 3.03, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this AgreementAgreement or (j) to remit to Purchaser payments on account of Buydown Funds as applicable.

Appears in 1 contract

Samples: Second Amended And (GSR Mortgage Loan Trust 2007-4f)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and fire, or hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 Section 11.09 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged PropertyProperty in accordance with the Mortgage Loan Documents, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (ji) to withdraw any amounts inadvertently deposited in the Escrow Account or (kj) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-Af2)

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Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicies (if any), fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which whic h is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Flow Mortgage Loan Sale and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-18)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer, only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policieswater rates, mortgage insurance premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller the Servicer pursuant to Subsection 11.08 Section 3.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable lawLoan, (e) for application to restore restoration or repair of the Mortgaged Property, for transfer to the Custodial Account in accordance with the terms of the related Mortgage Loan, (e) for application to restoration or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), such withdrawal to be made monthly not later than the Remittance Date, or (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Custodial Agreement (Realtrust Asset Corp)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall may be made by the Seller Company only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicy pre-miums, fire and hazard insurance premiums or other items constituting consti-tuting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Company for any Servicing Advance made by Seller Company pursuant to Subsection 11.08 Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collec-tions of Escrow Payments there-under, (c) to refund to any Mortgagor Mort-gagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restore restoration or repair of the Mortgaged Property, (f) to pay to deposit into the Mortgagor, to the extent required by law, any interest paid on Custodial Account the funds required to be deposited in the Escrow Accounttherein pursuant to Section 4.14, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required amounts to be paid which it is entitled pursuant to the Mortgagor)Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the extent permitted under the terms of the related Mortgage Note and applicable lawCompany pursuant to Section 3.03, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, or (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination termina-tion of this Agreement.

Appears in 1 contract

Samples: Master Mortgage Loan Sale and Servicing Agreement (Lehman XS Trust Series 2006-12n)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Company only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policieswater rates, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (ec) for application to restore restoration or repair of the Mortgaged Property, (fd) to pay to the Mortgagor, to the extent required by law, any interest paid due on the funds deposited in the Escrow Account, (ge) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) such withdrawal to be made monthly not later than the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace periodRemittance Date, (i) to withdraw suspense payments that are deposited into the Escrow Account, (jf) to withdraw any amounts inadvertently deposited in the Escrow Account in error, (g) to reimburse the Company for any Servicing Advance made by the Company with respect to a related Mortgage Loan but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder or (kh) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Wilshire Real Estate Investment Trust Inc)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall may be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicy pre-miums, fire and hazard insurance premiums or other items constituting consti-tuting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 Section 4.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collec-tions of Escrow Payments there-under, (c) to refund to any Mortgagor Mort-gagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restore restoration or repair of the Mortgaged Property, (f) to pay to deposit into the Mortgagor, to the extent required by law, any interest paid on Custodial Account the funds required to be deposited in the Escrow Accounttherein pursuant to Section 4.14, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required amounts to be paid which it is entitled pursuant to the Mortgagor)Section 4.14, (h) to withdraw any Escrow Payments related to a Mortgage Loan repurchased by the extent permitted under the terms of the related Mortgage Note and applicable lawSeller pursuant to Section 3.03, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, or (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination termina-tion of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-4)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by Servicer or the Seller Subservicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policieswater rates, mortgage insurance premiums, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 Section 10.13 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), such withdrawal to be made monthly not later than the Remittance Date or (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Sequoia Mortgage Trust 2010-H1)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 10.09 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.,

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement

Withdrawals From Escrow Account. -36- Withdrawals from the Escrow Account shall be made by the Seller Company only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policieswater rates, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (ec) for application to restore restoration or repair of the Mortgaged Property, (fd) to pay to the Mortgagor, to the extent required by law, any interest paid due on the funds deposited in the Escrow Account, (ge) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) such withdrawal to be made monthly not later than the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace periodRemittance Date, (i) to withdraw suspense payments that are deposited into the Escrow Account, (jf) to withdraw any amounts inadvertently deposited in the Escrow Account in error, (g) to reimburse the Company for any Servicing Advance made by the Company with respect to a related Mortgage Loan but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder or (kh) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Wilshire Real Estate Investment Trust Inc)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer or the Subservicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policieswater rates, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 Section 7.13 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself the Servicer, or to the Mortgagor to the extent required by law, any interest earned paid on the funds deposited in the Escrow Account (and not required to be paid to the Mortgagor)Account, (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this AgreementAgreement or (i) to remove any amounts deposited into the Escrow Account in error. With respect to subclause (b) above, if Servicer collects any late payments or collections from the Mortgagor which has previously been reimbursed to Servicer from the Custodial Account, the Servicer shall remit such amount to Purchaser on the next scheduled Remittance Date.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Sequoia Mortgage Trust 2013-1)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 10.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Seller/Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and fire, or hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Seller/Servicer for any Servicing Advance made by Seller the Seller/Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, but only from amounts received on the Mortgage Loan which represent late payments or collections of Escrow Payments thereunder, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged PropertyProperty in accordance with the Mortgage Loan Documents, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the any applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account Account, or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall may be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance PoliciesPolicy pre-miums, fire and hazard insurance premiums or other items constituting consti-tuting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 Sections 4.08 and 4.10 hereof with respect to a related Mortgage Loan, but only from amounts received on the related Mortgage Loan which represent late payments or collec-tions of Escrow Payments thereunder, (c) to refund to any Mortgagor Mort-gagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, for transfer to the Custodial Account of such amounts as are to be applied to the indebtedness of a Mortgage Loan in accordance with the terms thereof, (e) for application to restore restoration or repair of the Mortgaged Property, (f) to pay to the MortgagorOwner in accordance with the terms of this Agreement , or to the Mortgagor to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on deposit into the Custodial Account the funds deposited in the Escrow Account (and not required to be paid deposited therein pursuant to the Mortgagor)Section 4.14, (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, pay to pay late fees with respect itself amounts to any Monthly Payment which it is received after the applicable grace periodentitled pursuant to Section 4.14, (i) to withdraw suspense payments that are deposited into remove funds inadvertently placed in an Escrow Account in error by the Escrow AccountServicer, (j) to withdraw any amounts inadvertently deposited transfer funds to another Eligible Depository Institution in the Escrow Account accordance with Section 4.09 hereof or (k) to clear and terminate the Escrow Account upon the termination termina-tion of this Agreement.

Appears in 1 contract

Samples: Loan Servicing Agreement (Sequoia Mortgage Trust 2007-4)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default and application to reduce the principal balance of a Mortgagor or the Mortgage Loan in accordance with the terms of the related Mortgage Loan and if permitted requested by applicable lawthe Mortgagor, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (ji) to withdraw any amounts inadvertently deposited in the Escrow Account or (kj) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sequoia Mortgage Trust 2011-2)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller Servicer only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller Servicer for any Servicing Advance made by Seller Servicer pursuant to Subsection 11.08 10.08 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, as a Servicing Advance, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement.

Appears in 1 contract

Samples: Mortgage Loan Servicing Agreement (Sequoia Residential Funding Inc)

Withdrawals From Escrow Account. Withdrawals from the Escrow Account shall be made by the Seller only (a) to effect timely payments of ground rents, taxes, assessments, premiums for Primary Mortgage Insurance Policies, fire and hazard insurance premiums or other items constituting Escrow Payments for the related Mortgage, (b) to reimburse the Seller for any Servicing Advance made by Seller pursuant to Subsection 11.08 10.09 hereof with respect to a related Mortgage Loan, (c) to refund to any Mortgagor any funds found to be in excess of the amounts required under the terms of the related Mortgage Loan, (d) for transfer to the Custodial Account upon default of a Mortgagor or in accordance with the terms of the related Mortgage Loan and if permitted by applicable law, (e) for application to restore or repair of the Mortgaged Property, (f) to pay to the Mortgagor, to the extent required by law, any interest paid on the funds deposited in the Escrow Account, (g) to pay to itself any interest earned on funds deposited in the Escrow Account (and not required to be paid to the Mortgagor), (h) to the extent permitted under the terms of the related Mortgage Note and applicable law, to pay late fees with respect to any Monthly Payment which is received after the applicable grace period, (i) to withdraw suspense payments that are deposited into the Escrow Account, (j) to withdraw any amounts inadvertently deposited in the Escrow Account or (k) to clear and terminate the Escrow Account upon the termination of this Agreement. Payment of Taxes, Insurance and Other Charges; Collections Thereunder. With respect to each Mortgage Loan, the Seller shall maintain accurate records reflecting the status of ground rents, taxes, assessments and other charges which are or may become a lien upon the Mortgaged Property and the status of premiums for Primary Mortgage Insurance Policies and fire and hazard insurance coverage and shall obtain, from time to time, all bills for the payment of such charges (including renewal premiums) and shall effect payment thereof prior to the applicable penalty or termination date and at a time appropriate for securing maximum discounts allowable, employing for such purpose deposits of the Mortgagor in the Escrow Account which shall have been estimated and accumulated by the Seller in amounts sufficient for such purposes, as allowed under the terms of the Mortgage. To the extent that a Mortgage does not provide for Escrow Payments, the Seller shall determine that any such payments are made by the Mortgagor. The Seller assumes full responsibility for the timely payment of all such bills due within thirty (30) days after the Servicing Transfer Date and shall effect timely payments of all such bills irrespective of each Mortgagor’s faithful performance in the payment of same or the making of the Escrow Payments and shall make Servicing Advances to effect such payments, subject to its ability to recover such Servicing Advances pursuant to this Agreement. No costs incurred by the Seller or subservicers in effecting the payment of ground rents, taxes, assessments and other charges on the Mortgaged Properties or mortgage or hazard insurance premiums shall, for the purpose of calculating remittances to the Purchaser, be added to the amount owing under the related Mortgage Loans, notwithstanding that the terms of such Mortgage Loans so permit. Transfer of Accounts. The Seller may, with Purchaser's approval which shall not be unreasonably withheld, transfer the Custodial Account or the Escrow Account to an Eligible Account at a different depository institution.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Sale Agreement

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