Common use of Withdrawals from the Collection Account Clause in Contracts

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.

Appears in 21 contracts

Samples: Servicing Agreement (MILA Mortgage Acceptance, Inc.), Servicing Agreement (Structured Asset Mortgage Investments Ii Inc), Servicing Agreement (MortgageIT Securities Corp.)

AutoNDA by SimpleDocs

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 11 contracts

Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 4), Servicing Agreement (Impac CMP Trust Series 2004-5), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-1)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 9 contracts

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003 7), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-4), Servicing Agreement (Impac CMB Trust Series 2002-8)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Repur chase Price is determined; (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.

Appears in 9 contracts

Samples: Servicing Agreement (Salomon Brothers Mortgage Securities Vii Inc), Servicing Agreement (Long Beach Securities Corp), Servicing Agreement (WMC Secured Assets Corp)

Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) before 1:00 p.m. (New York City time) on the related Deposit Date to withdraw the Available Funds and Prepayment Charges, and, in each case, remit such funds to the Trustee for deposit in to the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date; (ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer’s right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer’s right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections on particular any Mortgage Loans (other than Loan and to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, purchase or from repurchase proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans; (iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person; (v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer; (vi) to pay reimburse the Servicer for Nonrecoverable Advances and any unpaid Servicing Fees related to itself or the Seller, with respect to any a Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred secured by a second lien on the related Mortgaged Property to the Seller, the Servicer or other entity, all amounts received thereon and extent not required recovered pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedclause (ii) above; (vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest and principal on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before the related Cut-Off Date; (viii) to pay to the Seller Servicer or the amountTrustee the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (d) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andcase may be; (ix) after to reimburse the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, Servicer for expenses incurred by it in connection with withdrawals the Mortgage Loans or Certificates and reimbursable pursuant to clauses (iii), (iv), (vi) and (vii), Section 7.03 hereof provided that such amount shall only be withdrawn following the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account for deposit into the Distribution Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled clause (i) above; and (x) to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from clear and terminate the Collection Account upon the termination of this Agreement and to pay any amounts on deposit remaining therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificateholders.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Renaissance Mort Acc Corp Renaissance Home Eq Ln Tr 2004 1), Pooling and Servicing Agreement (Home Equity Loan Asset-Backed Certificates Series 2003-2), Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Equity Ln as Bk Ce Se 03-3)

Withdrawals from the Collection Account. The (a) Each Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) on or prior to the Remittance Date, to remit to the Securities Administrator for deposit in the Distribution Account, on all Available Funds (which solely for purposes of this Section 3.11(a)(i) shall not be net of the Business Day prior to each Payment Date, an amount equal to Master Servicing Fee) in respect of the Security Collections required to be distributed on such Payment Daterelated Distribution Date together with all amounts representing Prepayment Premiums from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection Accountapplicable Servicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.01; (iii) to pay such Servicer or any Subservicer (A) any unpaid Servicing Fees or (B) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09Loan, an amount equal to the related Servicing Fee (but in each case only to the extent not retained pursuant of any Late Collections, Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds or other amounts as may be collected by such Servicer from a Mortgagor, or otherwise received with respect to Section 3.02such Mortgage Loan (or the related REO Property), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself such Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to pay the extent deposited in Sponsor or the Collection AccountDepositor, as applicable, with respect to pay each Mortgage Loan that has previously been repurchased or replaced pursuant to itself this Agreement all amounts received thereon subsequent to the date of purchase or substitution, as additional servicing compensation any Foreclosure Profitsthe case may be; (vi) to pay reimburse such Servicer for (A) any unreimbursed P&I Advance or Servicing Advance previously made which such Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Sellerprovisions of Section 4.01, (B) any P&I Advance or Servicing Advance previously made with respect to any a delinquent Mortgage Loan or property acquired in respect thereof that which Mortgage Loan has been purchased modified by such Servicer in accordance with the terms of this Agreement; provided that such Servicer shall only reimburse itself for such P&I Advances and Servicing Advances at the time of such modification and shall reimburse itself after such modification only as otherwise permitted under the other clauses of this Section 3.11(a), and (C) any outstanding P&I Advance or otherwise transferred to Servicing Advance made by the Sellersuch Servicer from its own funds, from Amounts Held for Future Distribution, provided, however, any funds so applied shall be replaced by such Servicer by deposit in the Servicer or other entity, all amounts received thereon and not Collection Account no later than the close of business on the related Remittance Date on which such funds are required to be distributed pursuant to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.01(b); (vii) to withdraw pay, or to reimburse such Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in the Collection Account that was not required to be deposited therein Mortgage Loan pursuant to Section 3.023.15; (viii) to pay reimburse the Master Servicer, such Servicer, the Depositor, the Securities Administrator or the Trustee for expenses incurred by or reimbursable to the Seller Master Servicer, such Servicer, the amountDepositor, if anythe Securities Administrator or the Trustee, as the case may be, pursuant to Section 6.03, Section 7.02 or Section 8.05; (ix) to reimburse the Master Servicer, such Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation as described in Section 2.03 that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof; (x) to invest funds in Permitted Investments in accordance with Section 3.12; (xi) to withdraw any amounts deposited in the Collection Account by in error; (xii) to withdraw any amounts held in the Indenture Trustee upon release thereof from Collection Account and not required to be remitted to the Funding Account representing payments Master Servicer on the Remittance Date occurring in the month in which such amounts are deposited into the Collection Account, to reimburse such Servicer for Additional Loansunreimbursed Advances; and (ixxiii) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Eventthis Agreement. To the extent that a Servicer does not timely make the remittance referred to in clause (i) above, such Servicer shall pay the Master Servicer for the account of the Master Servicer interest on any amount not timely remitted at the prime rate, from and including the applicable Remittance Date to pay to but excluding the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses date such remittance is actually made. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Each Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (iv), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the Each Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Depositor, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (a)(vi) above.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He4)

Withdrawals from the Collection Account. The Master Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to deposit the portion of the Interest Collections and Principal Collections for the related Due Period then in the Collection Account to the Security Collections required to be distributed on such Payment DateDistribution Account; (ii) to reimburse the extent deposited to the Collection Account, to reimburse itself or the related Subservicer Master Servicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this any accrued and unpaid Master Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanFees; (iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction; (iv) subject to the extent deposited Section 5.06 hereof, to make investments in the Collection Account Eligible Investments and to pay to itself as additional servicing compensation any the Master Servicer interest earned in respect of Eligible Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent withdraw any funds deposited in the Collection Account, Account that were not required to be deposited therein or were deposited therein in error and to pay such funds to itself as additional servicing compensation any Foreclosure Profitsthe appropriate Person; (vi) to pay the Master Servicer the servicing compensation for the related Due Period that it is entitled to itself or the Seller, with respect receive pursuant to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred Section 3.09 herein to the Seller, the Servicer extent not retained or other entity, all amounts received thereon and not required paid pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedSection 3.02(b) hereof; (vii) to withdraw any other amount deposited in funds necessary for the Collection Account that was not required to be deposited therein conservation and disposition of REO Property pursuant to Section 3.023.07 to the extent not advanced by the Master Servicer; (viii) to pay from Principal Collections the amounts provided for the purchase of Additional Balances that are conveyed to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansTrust pursuant to Section 2.01; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Servicing Agreement, the Servicer shall be entitled Agreement and to reimburse itself for pay any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant amounts remaining therein to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationTransferor.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (First Horizon Asset Sec HELOC Notes Ser 2006-He1), Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (Fund America Investors Corp Ii)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 2), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 1), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3)

Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the stated purposes in the following purposesorder of priority: (i) to deposit in reimburse the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment DateServicer for any accrued and unpaid Servicing Fees; (ii) on each Servicer Remittance Date, to transfer the following amounts to the extent deposited to Indenture Trustee for deposit in the Payment Account: (A) the portion of the Interest Collections and Principal Collections for the related Collection Period then in the Collection Account, ; (B) any amounts required to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid be deposited pursuant to Section 3.07 or otherwise reimbursable pursuant in connection with any REO Property; (C) any amounts to the terms be paid in connection with a purchase of this Servicing Agreement (to the extent not payable Mortgage Loans and REO Properties pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan9.01; (iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code 11 U.S.C. 101 et seq., and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subserviceras amended in accordance with a final, nonappealable order of a court having competent jurisdiction; (iv) to pay the extent deposited in the Collection Account to pay to itself Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent withdraw any funds deposited in the Collection Account, Account that were not required to be deposited therein or were deposited therein in error and to pay such funds to itself as additional servicing compensation the appropriate Person, including collections received on any Foreclosure ProfitsDefective Mortgage Loan that has been repurchased by the Seller pursuant to Section 2.04 or substituted for by the Seller pursuant to Section 2.05 that should be paid to the Seller pursuant to Article II; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which servicing compensation for the related Purchase Price or Repurchase Price Collection Period that it is determinedentitled to receive pursuant to Section 3.09 herein; (vii) to withdraw reimburse the Servicer for any other amount deposited in Servicing Advance previously made which the Collection Account that was not required Servicer has determined to be deposited therein pursuant to Section 3.02a Nonrecoverable Advance; (viii) to pay withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.07 to the Seller the amount, if any, deposited in the Collection Account extent not advanced by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and (ix) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement. Prior to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying making any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreementsubclause (vii), the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant have delivered to the terms Indenture Trustee and the Insurer a certificate of this a Servicing Agreement that Officer indicating the amount of any previous Servicing Advance determined by the Servicer determines to be otherwise nonrecoverable (except with respect to any a Nonrecoverable Advance and identifying the related Mortgage Loan as to which the Repurchase Price has been paidLoans(s), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date and their respective portions of such determinationNonrecoverable Advance.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Indymac MBS Inc), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H4), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment DateDate and any prepayment charges; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 5 contracts

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-9f), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes, without priority, or as described in Section 4.03: (i) to remit to the Trust Administrator for deposit in the Distribution Account, on Account the Business Day prior to each Payment Date, an amount equal to the Security Collections amounts required to be distributed on such Payment Dateso remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d); (ii) subject to Section 3.16(d), to reimburse the Servicer for Advances, but only to the extent deposited to the Collection Account, to reimburse itself or of amounts received which represent Late Collections (net of the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Servicing Fees) of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.03; (iii) subject to Section 3.16(d), to pay the Servicer or any Sub-Servicer (A) any unpaid Servicing Fees, (B) any unreimbursed Servicing Advances with respect to itself out each Mortgage Loan, but only to the extent of each payment any Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the Servicer from a Mortgagor, or otherwise received on account with respect to such Mortgage Loan and (C) without limiting any right of interest on withdrawal set forth in clause (vi) below, any Servicing Advances made with respect to a Mortgage Loan as contemplated by Section 3.09that, an amount equal to following the related Servicing Fee (final liquidation of a Mortgage Loan are Nonrecoverable Advances, but only to the extent not retained pursuant that Late Collections, Liquidation Proceeds and Insurance Proceeds received with respect to Section 3.02), and such Mortgage Loan are insufficient to pay to reimburse the Servicer or any Subservicer any Subservicing Fees not previously withheld by the SubservicerSub-Servicer for such Servicing Advances; (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Servicer, the Originator or the Seller, as additional servicing compensation any Foreclosure Profitsthe case may be, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.03 or Section 3.16(c) all amounts received thereon subsequent to the date of purchase or substitution, as the case may be; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable Advance or Nonrecoverable Servicing Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.03; (vii) to withdraw any other amount deposited in reimburse the Collection Account that was not required Servicer, the Master Servicer or the Depositor for expenses incurred by or reimbursable to be deposited therein the Servicer, the Master Servicer or the Depositor, as the case may be, pursuant to Section 3.026.03; (viii) to pay reimburse the Servicer, the NIMS Insurer, the Trust Administrator, the Master Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the Seller the amount, if any, deposited purchase obligation under Section 2.03 of this Agreement that were included in the Collection Account by Purchase Price of the Indenture Trustee upon release thereof from Mortgage Loan, including any expenses arising out of the Funding Account representing payments enforcement of the purchase obligation; (ix) to pay itself any Prepayment Interest Excess (to the extent not otherwise retained); (x) to pay, or to reimburse the Servicer for Additional Loansadvances in respect of expenses incurred in connection with any Mortgage Loan pursuant to Section 3.16(b); and (ixxi) after to clear and terminate the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals Collection Account pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Section 9.01. The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (ii), (iii), (iv), (v), (vi), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Trust Administrator and the NIMS Insurer, on or prior to the next succeeding Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (vii) above.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-He2), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-He1), Pooling and Servicing Agreement (MASTR Asset-Backed Securities Trust 2006-Am2)

Withdrawals from the Collection Account. (a) The Servicer shall, from time Administrator shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the On each Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required make distributions and payments to be distributed on such Payment DateCertificateholders pursuant to Section 4.01; (ii) From time to the extent deposited to the Collection Accounttime, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred make investments in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), Permitted Investments and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited Servicer all income and gain earned in the Collection Account to pay to itself as additional servicing compensation any interest respect of Permitted Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (viii) To reimburse the Depositor or the Servicer to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profitspermitted by Section 6.03; (viiv) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to To withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein pursuant or were deposited therein in error and to Section 3.02pay such funds to the appropriate Person; (viiiv) to To pay to the Seller party legally entitled by a final order of a court of competent jurisdiction in an insolvency proceeding an amount equal to any preference claim made with respect to amounts paid with respect to the amountHome Equity Loans; provided that, if anyany such amount is later determined not to be a preference by such court of competent jurisdiction and is returned to the Servicer or any Subservicer, deposited in such amount shall be redeposited into the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and (ixvi) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement and to pay any amounts remaining therein to the Seller, Class R Certificateholder. (b) If the Excluded Amount. Since, Servicer deposits in connection with withdrawals pursuant the Collection Account any amount not required to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement be deposited therein or credited thereto is limited to collections or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other recoveries on the related Mortgage Loanreason for non-payment, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying it may at any withdrawal time withdraw such amount from the Collection Account pursuant to Section 3.03(a)(iv), and any such clausesamounts shall not be included in Interest Collections and Principal Collections, any provision herein to the contrary notwithstanding. Notwithstanding any other provision Any withdrawal or debit permitted by Section 3.03(a) shall be accomplished by delivering an Officer’s Certificate of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Administrator which describes the purpose of this Servicing Agreement such withdrawal (including, without limitation, that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from such amount was deposited in the Collection Account in error or, in the case of returned checks, that such amounts were properly debited, respectively). Upon receipt of any such Officer’s Certificate, the Administrator shall withdraw such amount for the account of the Servicer. All funds deposited by the Servicer in the Collection Account shall be held by the Administrator on deposit therein attributable to behalf of the Mortgage Loans on any Business Day prior to Trustee in trust for the Payment Date succeeding the date of such determinationCertificateholders, until disbursed in accordance with Section 4.01 or withdrawn or debited in accordance with this Section.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-1), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-3), Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2007-3)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2005-2), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account maintained by it for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day or prior to each Payment Remittance Date, an amount equal to remit to the Security Collections required Master Servicer (A) the Master Servicing Fee with respect to be distributed on such Payment DateDistribution Date and (B) all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Charges (payable to the Class P Certificateholders) from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made by the proceeds Servicer in accordance with the provisions of Section 4.01 and (B) any xxxxxxxxxxxx X&X Advances to the purchase extent of such Mortgage Loanfunds held in the Collection Account for a future Distribution Date that were not included in Available Funds for the preceding Distribution Date; (iii) to pay the Servicer or any Subservicer (A) any unpaid Servicing Fees or (B) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09Loan, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02), and to pay to of any Subservicer any Subservicing Fees not previously withheld Late Collections or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on each Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Mortgage Loan Seller, with respect to each Mortgage Loan that has previously been repurchased or replaced pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as additional servicing compensation any Foreclosure Profitsthe case may be; (vi) to pay reimburse the Servicer for (A) any P&I Advance or Servicing Advance previously made which the Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Seller, provisions of Section 4.01 and (B) any unpaid Servicing Fees to the extent not recoverable from Late Collections or other amounts received with respect to any the related Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedunder Section 3.11(a)(iii); (vii) to withdraw pay, or to reimburse the Servicer for Servicing Advances in respect of, expenses incurred in connection with any other amount deposited in the Collection Account that was not required to be deposited therein Mortgage Loan pursuant to Section 3.023.15; (viii) to pay reimburse the Master Servicer, the Servicer, the Depositor, the Securities Administrator or the Trustee for expenses incurred by or reimbursable to the Master Servicer, the Servicer, the Depositor, the Securities Administrator or the Trustee, as the case may be, pursuant to Section 6.03, Section 7.02, Section 8.05, Section 9.13 or Section 10.02; (ix) to reimburse the Master Servicer, the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation of the Mortgage Loan Seller or the amountSponsor under this Agreement that were included in the Repurchase Price of the Mortgage Loan, if anyincluding any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof; (x) to withdraw any amounts deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loansin error; and (ixxi) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to provide written notification (as set forth in Section 3.07 or otherwise reimbursable pursuant 4.01(d)) to the terms of this Servicing Agreement that Master Servicer, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (a)(vi) above.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff5), Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Hsi Asset Securitization Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day On or prior to each Payment the Remittance Date, an amount equal to remit to the Security Collections required Trustee (i) the Trustee Fee with respect to be distributed on such Payment DateDistribution Date and (ii) all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Charges from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.01; (iii) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees or (b) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09Loan, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Responsible Party, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to this Agreement all amounts received thereon subsequent to the date of purchase or substitution, as additional servicing compensation any Foreclosure Profitsthe case may be; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any P&I Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.01; (vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in the Collection Account that was not required to be deposited therein Mortgage Loan pursuant to Section 3.023.15; (viii) to pay reimburse the Servicer or the Depositor for expenses incurred by or reimbursable to the Seller Servicer or the amountDepositor, if anyas the case may be, pursuant to Section 6.03; (ix) to reimburse the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the purchase obligation under Section 2.03 of this Agreement that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the purchase obligation; (x) to withdraw any amounts deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loansin error; and (ixxi) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Depositor, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (a)(vii) above.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Cap I Inc Dep Series 2002-Hq), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2001-Nc1)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the SellerSponsor, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the SellerSponsor, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 3.25, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)

Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, before 1:00 p.m. (New York City time) on the Business Day prior related Deposit Date to withdraw the remaining Available Funds and Prepayment Charges, and, in each Payment Datecase, an amount equal remit such funds to the Security Collections required Securities Administrator for deposit to be distributed on such the Payment DateAccount; (ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer’s right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer’s right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections on particular any Mortgage Loans (other than Loan and to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, purchase or from repurchase proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans; (iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person; (v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer; (vi) to pay reimburse the Servicer for Nonrecoverable Advances and any unpaid Servicing Fees related to itself or the Seller, with respect to any a Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred secured by a second lien on the related Mortgaged Property to the Seller, the Servicer or other entity, all amounts received thereon and extent not required recovered pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedclause (ii) above; (vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest and principal on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before the related Cut-Off Date; (viii) to pay to the Seller Servicer, the amountMaster Servicer, if any, deposited in the Collection Account by Securities Administrator or the Indenture Trustee upon release the portion of any Purchase Price in respect of clause (iv) of the definition thereof from or of any Substitution Adjustment in respect of clause (d) of the Funding Account representing payments definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer, the Master Servicer, the Securities Administrator or the Indenture Trustee, as the case may be; (ix) to reimburse the Servicer for Additional Loansexpenses incurred by it in connection with the Mortgage Loans or Notes and reimbursable pursuant to Section 5.03 hereof; and (ixx) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Agreement and to pay any amounts remaining therein to the Certificateholders. The parties to this Agreement acknowledge that Servicing Agreement, the Servicer Advances shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to this Section 3.03, and agree that no reimbursement of a Servicing Advance shall be rejected or disallowed by any party unless it has been shown that such Servicing Advance was not made in accordance with the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationAgreement.

Appears in 5 contracts

Samples: Servicing Agreement (Renaissance Home Equity Loan Trust 2006-1, Home Equity Loan Asset-Backed Notes, Series 2006-1), Servicing Agreement (Renaissance Home Equity Loan Trust 2006-4), Servicing Agreement (Renaissance Home Equity Loan Trust 2006-2)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase epurchase Price is determined; (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) and after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.

Appears in 4 contracts

Samples: Servicing Agreement (Boardwalk Mortgage Securities Inc.), Servicing Agreement (Argent Securities Inc), Servicing Agreement (Park Place Securities, Inc.)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 5.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.045.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)5.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.095.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.025.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 5.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 5.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.025.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 5.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 9.01; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 5.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 5.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (NovaStar Certificates Financing CORP), Sale and Servicing Agreement (NovaStar Certificates Financing LLC), Sale and Servicing Agreement (NovaStar Certificates Financing LLC)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.

Appears in 4 contracts

Samples: Servicing Agreement (Shellpoint Mortgage Acceptance LLC), Servicing Agreement (Ab Mortgage Securities Corp), Servicing Agreement (Long Beach Securities Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day On or prior to each Payment Remittance Date, an amount equal to remit to the Security Collections required to be distributed on such Payment DateTrustee the Interest Remittance Amount and the Principal Remittance Amount in respect of the related Distribution Date together with all amounts representing Prepayment Charges from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for xxxxxxxxxxxx X&X Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.01; (iii) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees or (b) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09Loan, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds, or other amounts as may be collected by the SubservicerServicer from the related Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01any Prepayment Interest Excesses; (v) to the extent deposited in the Collection Account, to pay to itself the Unaffiliated Seller or the related Originator, as additional servicing compensation any Foreclosure Profitsapplicable, with respect to each Mortgage Loan that has previously been purchased or replaced by the Unaffiliated Seller or such Originator, as applicable, pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as the case may be; (vi) to pay reimburse the Servicer for (a) any P&I Advance or Servicing Advance previously made which the Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Sellerprovisions of Section 4.01 and (b) any unpaid Servicing Fees to the extent not recoverable from Late Collections, Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds, or other amounts received with respect to any the related Mortgage Loan or property acquired in under Section 3.11(a)(iii); provided, that this clause (b) shall only apply with respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required Servicing Fees to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedsecond lien Mortgage Loans; (vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in the Collection Account that was not required to be deposited therein Mortgage Loan pursuant to Section 3.023.15; (viii) to pay reimburse the Servicer, the Depositor, the Custodian or the Trustee for expenses and/or indemnities incurred by or reimbursable to the Seller Servicer, the amountDepositor, if anythe Custodian or the Trustee, as the case may be, pursuant to Section 6.03; (ix) to reimburse the Servicer, the Unaffiliated Seller, the Depositor, the Custodian or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation under Section 2.03 of this Agreement that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation to the extent not otherwise paid pursuant to the terms hereof; (x) to withdraw any amounts deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loansin error; and (ixxi) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Trustee, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (a)(vi) above.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of on such Mortgage LoanLoans; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing LLC), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-2)

Withdrawals from the Collection Account. (a) The Servicer shall, from time Administrator shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, on the Business Day prior to On each Payment Date, an amount equal to make distributions and payments to the Security Collections required Noteholders and the Transferor in respect of the Ownership Interest pursuant to be distributed on such Payment DateSection 5.01; (ii) From time to the extent deposited to the Collection Accounttime, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred make investments in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), Permitted Investments and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited Master Servicer all income and gain earned in the Collection Account to pay to itself as additional servicing compensation any interest respect of Permitted Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (viii) To reimburse the Depositor or the Master Servicer to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profitspermitted by Section 6.03; (viiv) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to To withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein pursuant or were deposited therein in error and to Section 3.02pay such funds to the appropriate Person; (viiiv) to To pay to the Seller party legally entitled by a final order of a court of competent jurisdiction in an insolvency proceeding an amount equal to any preference claim made with respect to amounts paid with respect to the amountHome Equity Loans; provided that, if anyany such amount is later determined not to be a preference by such court of competent jurisdiction and is returned to the Master Servicer or any Servicer, deposited in such amount shall be redeposited into the Collection Account by the Master Servicer; (vi) To clear and terminate the Collection Account upon the termination of this Agreement and the Indenture Trustee upon release thereof from and to pay any amounts remaining therein to the Funding Account representing payments for Additional LoansTransferor in respect of the Ownership Interest; and (ixvii) after To reimburse the occurrence of an Amortization Event, to pay Master Servicer for Skip-A-Pay Advances to the Seller, extent permitted by Section 3.01(f). (b) If the Excluded Amount. Since, Master Servicer deposits in connection with withdrawals pursuant the Collection Account any amount not required to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement be deposited therein or credited thereto is limited to collections or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other recoveries on the related Mortgage Loanreason for non-payment, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying it may at any withdrawal time withdraw such amount from the Collection Account pursuant to Section 3.03(a)(iv), and any such clausesamounts shall not be included in Net Interest Collections and Principal Collections, any provision herein to the contrary notwithstanding. Notwithstanding any other provision of this Servicing Agreement, the Servicer Any withdrawal or debit permitted by Section 3.03(a) shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant accomplished by delivering an Officer's Certificate of the Master Servicer to the terms Administrator which describes the purpose of this Servicing Agreement such withdrawal (including, without limitation, that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from such amount was deposited in the Collection Account in error or, in the case of returned checks, that such amounts were properly debited, respectively). Upon receipt of any such Officer's Certificate, the Administrator shall withdraw such amount for the account of the Master Servicer. All funds deposited by the Master Servicer in the Collection Account shall be held by the Administrator on deposit therein attributable to behalf of the Mortgage Loans on any Business Day prior to Indenture Trustee in trust for the Payment Date succeeding benefit of the date Noteholders and the Transferor in respect of such determinationthe Ownership Interest, until disbursed in accordance with Section 5.01 or Section 5.4(b) of the Indenture or withdrawn or debited in accordance with this Section.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Trust 2005-3), Sale and Servicing Agreement (HSBC Home Equity Loan Trust 2005-1), Sale and Servicing Agreement (HSBC Home Equity Loan Trust 2005-2)

Withdrawals from the Collection Account. (a) The Servicer shall, from time Administrator shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, on the Business Day prior to On each Payment Date, an amount equal to make distributions and payments to the Security Collections required Noteholders and the Transferor in respect of the Ownership Interest pursuant to be distributed on such Payment DateSection 5.01; (ii) From time to the extent deposited to the Collection Accounttime, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred make investments in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), Permitted Investments and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited Servicer all income and gain earned in the Collection Account to pay to itself as additional servicing compensation any interest respect of Permitted Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (viii) To reimburse the Depositor or the Servicer to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profitspermitted by Section 6.03; (viiv) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to To withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein pursuant or were deposited therein in error and to Section 3.02pay such funds to the appropriate Person; (viiiv) to To pay to the Seller party legally entitled by a final order of a court of competent jurisdiction in an insolvency proceeding an amount equal to any preference claim made with respect to amounts paid with respect to the amountHome Equity Loans; provided that, if anyany such amount is later determined not to be a preference by such court of competent jurisdiction and is returned to the Servicer or any Subservicer, deposited in such amount shall be redeposited into the Collection Account by the Servicer; (vi) To clear and terminate the Collection Account upon the termination of this Agreement and the Indenture Trustee upon release thereof from and to pay any amounts remaining therein to the Funding Account representing payments for Additional LoansTransferor in respect of the Ownership Interest; and (ixvii) after To reimburse the occurrence of an Amortization Event, to pay Servicer for Skip-A-Pay Advances to the Seller, extent permitted by Section 3.01(f). (b) If the Excluded Amount. Since, Servicer deposits in connection with withdrawals pursuant the Collection Account any amount not required to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement be deposited therein or credited thereto is limited to collections or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other recoveries on the related Mortgage Loanreason for non-payment, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying it may at any withdrawal time withdraw such amount from the Collection Account pursuant to Section 3.03(a)(iv), and any such clausesamounts shall not be included in Net Interest Collections and Principal Collections, any provision herein to the contrary notwithstanding. Notwithstanding any other provision Any withdrawal or debit permitted by Section 3.03(a) shall be accomplished by delivering an Officer’s Certificate of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Administrator which describes the purpose of this Servicing Agreement such withdrawal (including, without limitation, that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from such amount was deposited in the Collection Account in error or, in the case of returned checks, that such amounts were properly debited, respectively). Upon receipt of any such Officer’s Certificate, the Administrator shall withdraw such amount for the account of the Servicer. All funds deposited by the Servicer in the Collection Account shall be held by the Administrator on deposit therein attributable to behalf of the Mortgage Loans on any Business Day prior to Indenture Trustee in trust for the Payment Date succeeding benefit of the date Noteholders and the Transferor in respect of such determinationthe Ownership Interest, until disbursed in accordance with Section 5.01 or Section 5.4(b) of the Indenture or withdrawn or debited in accordance with this Section.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-2), Sale and Servicing Agreement (HSBC Home Equity Loan Corp I), Sale and Servicing Agreement (HSBC Home Equity Loan Corp I)

Withdrawals from the Collection Account. The (a) If the Master Servicer shallmakes monthly deposits in the Collection Account pursuant to Section 3.02(b), from time to time as provided herein, the Master Servicer may make withdrawals from a net deposit in the Collection Account of the amounts required by Section 3.02(b). (b) Upon satisfaction of the conditions precedent to subsequent additions in Section 2.01(c) on deposit therein a Subsequent Closing Date designated by the Depositor, the Indenture Trustee shall withdraw from the Additional Loan Account and set aside for the benefit of the Depositor for later delivery pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i3.03(c) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required Cut-off Date Asset Balance in the Transfer Document to purchase the Additional Home Equity Loans covered by the Transfer Document. The Additional Home Equity Loans transferred by a Transfer Document on any Subsequent Closing Date shall be distributed on such Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular determined as follows. The Sponsor shall list all funded Mortgage Loans (other than any Repurchase Price in respect thereof) then owned by it for securitization by the date on which represent late recoveries of they were funded, and for each date, the payments for which such advances were mademortgagors shall be listed alphabetically. Beginning with the earliest date, or from related Liquidation Proceeds or sequentially by date and within a date alphabetically, the proceeds of the purchase of such Mortgage Loan; (iii) listed loans shall become Additional Home Equity Loans until either their aggregate Cut-off Date Asset Balance is as close as possible to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee Cut-off Date Asset Balance indicated on the Transfer Document without exceeding it or all of the loans through the Subsequent Cut-off Date have been transferred. Once the potential Additional Home Equity Loans are identified in this manner, the total potential loan pool shall be tested for compliance with the pool characteristics covered by the representations and warranties in Section 2.04(a)(xii), (to the extent not retained pursuant to Section 3.02xvii), (xxix), (xxxi), (xxxii), and to pay to (xxxiii) after taking into account the addition of the potential Additional Home Equity Loans. If any Subservicer pool characteristic is outside any Subservicing Fees not previously withheld permitted parameter by more than 10% of the parameter, then beginning with the last Mortgage Loan initially added as a potential Additional Home Equity Loan and progressing in reverse order, any potential Additional Home Equity Loan having a characteristic that is outside of the permitted parameters of a parameter violated by the Subservicer;total potential loan pool shall be removed. Then additional Mortgage Loans shall be added as provided in the preceding paragraph except that no Mortgage Loan shall be added if it has a characteristic that is outside of the permitted parameters of a parameter violated by the total potential loan pool. This procedure shall be repeated until the pool characteristics covered by the representations and warranties in Section 2.04(a)(xii), (xvii), (xxix), (xxxi), (xxxii), and (xxxiii) are satisfied within 10% of each parameter specified in those representations and warranties after taking into account the addition of the potential Additional Home Equity Loans. (ivc) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of On the date on which the related Purchase Price or Repurchase Price is determined; (vii) revised Mortgage Loan Schedule reflecting the addition of the Additional Home Equity Loans covered by a Transfer Document are delivered to withdraw the Indenture Trustee and the Credit Enhancer along with an opinion of counsel to the effect that a court in a bankruptcy context addressing the transfer of the Additional Home Equity Loans would characterize the transfer as a sale rather than as a secured lending, the Indenture Trustee shall deliver to the order of the Depositor an amount in cash equal to the actual Cut-off Date Asset Balance of the relevant Additional Home Equity Loans, and to the Master Servicer any other amount deposited in earnings on those funds since the Collection Account relevant Subsequent Closing Date. If after that was not required payment any funds remain from the original set aside with respect to be deposited therein the Transfer Document pursuant to Section 3.02; (viii) to pay 2.01(b), then they shall be returned to the Seller Additional Loan Account. If on the amount, if any, deposited Latest Subsequent Closing Date any funds remain in the Collection Account by the Indenture Trustee upon release thereof Trustee's possession from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Eventany set aside under Section 3.01(b), to pay then they shall be returned to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Additional Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationAccount.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining Servicing Advances paid to maintain individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the SellerSponsor, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the SellerSponsor, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance or Servicing Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance, Servicing Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for Servicing Advances expended by the Servicer or such Subservicer pursuant to Section 3.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan; provided, however, that reimbursements pursuant to clause (z) may only be made from MI Insurance Proceeds actually paid by the MI Insurer under the MI Policy related to such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance or Servicing Advance previously made, and to reimburse any successor Servicer for any Servicing Transfer Costs, including any legal fees or expenses relating to any such transfer, in each case not paid by the transferring Servicer, in each case otherwise not reimbursed pursuant to this Section 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 11.01; (xi) to pay to the Seller the amount, if any, deposited Servicer income earned on Eligible Investments in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andAccount; (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, MI Insurer the Excluded Amount. Since, in connection with withdrawals pursuant to clauses monthly MI Premiums due under each MI Policy from payments received (iii), (iv), (vior Advances made) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on account of interest due on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on ; and (xiii) to make an Advance with respect to a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal that is Delinquent from funds held in the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreementas contemplated by Section 3.25, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement provided that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which amount withdrawn for such an Advance is immediately deposited into the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationDistribution Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreements (Novastar Mortgage Funding Corp), Pooling and Servicing Agreements (Novastar Mortgage Funding Corp), Pooling and Servicing Agreements (Novastar Mortgage Funding Trust, Series 2006-6)

Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) before 1:00 p.m. (New York City time) on (x) the third Business Day preceding each Distribution Date, to deposit withdraw the lesser of the Available Funds then in the Distribution Account, on the Business Day prior to each Payment Date, Collection Account and an amount equal to the Security Collections required Guaranteed Distributions for such Distribution Date and (y) on the related Deposit Date to be distributed on withdraw the remaining Available Funds and Prepayment Charges, and, in each case, remit such Payment Datefunds to the Trustee for deposit to the Distribution Account; (ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer’s right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer’s right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections on particular any Mortgage Loans (other than Loan and to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, purchase or from repurchase proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans; (iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person; (v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedfor Nonrecoverable Advances; (vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest and principal on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before the related Cut-Off Date; (viii) to pay to the Seller Servicer or the amountTrustee the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (d) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andcase may be; (ix) after to reimburse the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, Servicer for expenses incurred by it in connection with withdrawals the Mortgage Loans or Certificates and reimbursable pursuant to clauses (iii), (iv), (vi) and (vii), Section 7.03 hereof provided that such amount shall only be withdrawn following the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account for deposit into the Distribution Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled clause (i)(y) above; and (x) to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from clear and terminate the Collection Account upon the termination of this Agreement and to pay any amounts on deposit remaining therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificateholders.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Renaissance Home Equity Loan Tr Asset BKD Cer Series 2002-3), Pooling and Servicing Agreement (Renaissance Mort Accept Corp Home Eq Ln as Bk Cer Se 03 1), Pooling and Servicing Agreement (Renaissance Home Equity Loan Tr Asset BKD Cer Ser 2002-4)

Withdrawals from the Collection Account. (a) The RMBS Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day prior to each Payment RMBS Master Servicer Remittance Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related RMBS Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the RMBS Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the RMBS Master Servicer or any Subservicer for any Monthly Advance of its own funds or any advance of such Subservicer's own funds, the right of the RMBS Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made; (vi) to reimburse the RMBS Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the RMBS Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the RMBS Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the RMBS Master Servicer of an amount equal to the RMBS Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the RMBS Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the RMBS Master Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a Subservicer and the RMBS Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable RMBS Master Servicing Fee); (viii) to reimburse the RMBS Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a); (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to pay to reimburse the Seller RMBS Master Servicer for costs incurred by it associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxi) after to clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi) and (vii), the RMBS Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the RMBS Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the RMBS Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the RMBS Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Monthly Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such Subservicers. (c) The RMBS Master Servicer shall pay to the Mortgage Loans Indenture Trustee interest on any Business Day prior payments to the Payment Account which were due on a RMBS Master Servicer Remittance Date succeeding but were made after the related RMBS Master Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe RMBS Master Servicer and shall not be recoverable by the Indenture Trustee from the Trust or from any other source.

Appears in 3 contracts

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4)

Withdrawals from the Collection Account. (a) The HELOC Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the HELOC Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day prior to each Payment HELOC Master Servicer Remittance Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related HELOC Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loanrelated Recoveries; (iii) to pay to itself out of each payment received on account of interest on a HELOC Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related HELOC Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any HELOC Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the HELOC Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Class VII-A Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) [Reserved]; (vi) to reimburse the HELOC Master Servicer or any Subservicer from Insurance Proceeds, Liquidation Proceeds or Recoveries relating to a particular HELOC Mortgage Loan for amounts expended by the HELOC Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such HELOC Mortgage Loan; (vii) to pay the HELOC Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the HELOC Master Servicer of an amount equal to the HELOC Master Servicing Fee), as appropriate, from Liquidation Proceeds, Insurance Proceeds or Recoveries received in connection with the liquidation of any HELOC Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such HELOC Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds, Insurance Proceeds and Recoveries with respect to such HELOC Mortgage Loan, after any reimbursement to the HELOC Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such HELOC Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the HELOC Master Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a Subservicer and the HELOC Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable HELOC Master Servicing Fee); (viii) to reimburse the HELOC Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a); (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the Seller the amountBankruptcy Code in accordance with a final, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andnonappealable order of a court having competent jurisdiction; (ixxi) after to reimburse the occurrence of an Amortization Event, HELOC Master Servicer for costs incurred by it associated with the environmental report specified in Section 3.13(e); (xii) to pay to the Seller, on behalf of the Excluded AmountDepositor, to the extent that principal collections exceed Draws, the outstanding principal balance of each Additional Balance purchased by the Depositor from the Seller pursuant to the Mortgage Loan Purchase Agreement; and (xiii) to clear and terminate the Collection Account following a termination of the Trust pursuant to Section 8.01 of the Trust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (vi) and (vii), the HELOC Master Servicer's entitlement thereto is limited to collections or other recoveries on the related HELOC Mortgage Loan, and the HELOC Master Servicer shall keep and maintain separate accounting, on a HELOC Mortgage Loan by HELOC Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the HELOC Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related HELOC Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the HELOC Master Servicer determines shall allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such Subservicers. (c) The HELOC Master Servicer shall pay to the Mortgage Loans Indenture Trustee interest on any Business Day prior payments to the Payment Account which were due on a HELOC Master Servicer Remittance Date succeeding but were made after the related HELOC Master Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe HELOC Master Servicer and shall not be recoverable by the Indenture Trustee from the Trust or from any other source.

Appears in 3 contracts

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining Servicing Advances paid to maintain individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the SellerSponsor, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the SellerSponsor, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance or Servicing Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance, Servicing Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for Servicing Advances expended by the Servicer or such Subservicer pursuant to Section 3.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and to reimburse any successor Servicer for any Servicing Transfer Costs, including any legal fees or expenses relating to any such transfer, in each case not paid by the transferring Servicer, in each case otherwise not reimbursed pursuant to this Section 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 3.25, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Equity Loans for the following purposes: (i) to remit to the Indenture Trustee for deposit in the Distribution Payment Account, on the Business Day prior to related Determination Date for each Payment Date, an amount equal to the Security Interest Collections required to be distributed on and Principal Collections for such Payment Date; (ii) prior to either a Rapid Amortization Event or the Collection Period preceding the end of the Managed Amortization Period, to pay to the Seller, with respect to the Revolving Credit Loans, the amount of any Additional Balances as and when created during the related Collection Period, provided, that, with respect to the Revolving Credit Loans, the aggregate amount so paid to the Seller in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period; (iii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Home Equity Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Equity Loan; (iiiiv) to pay to itself out of each payment received on account of interest on a Mortgage Home Equity Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (ivv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (vvi) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; Profits (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;extent permitted by law); and (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Home Equity Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Home Equity Loan by Mortgage Home Equity Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Home Equity Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Home Equity Loans on any Business Day prior to the Payment Determination Date succeeding following the date of such determinationcalculation.

Appears in 2 contracts

Samples: Servicing Agreement (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1), Servicing Agreement (Heloc Asset-Backed Notes Series 2003-2)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the fifth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed Servicing Advances, expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to net of any Subservicer any Subservicing Fees not previously withheld amount retained by the SubservicerSubservicer in respect of the Subservicing Fee pursuant to Section 3.07(b); (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Master Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Master Servicer for costs associated with any environmental report specified in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; and (xi) to pay to the Seller the amount, if any, deposited Master Servicer or any Subservicer income earned on Eligible Investments in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded AmountAccount. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep or cause the Subservicer to keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Master Servicer may, but is not required to, allow the Subservicers to deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any portion to which such Subservicers are entitled as reimbursement of any reimbursable Advances, Servicing Advances and Nonrecoverable Advances made by such Subservicers or the Sub-Servicing Fee; provided that any amount so retained in respect of the Subservicing Fee shall be entitled deemed to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to have been received by the terms Master Servicer in respect of this the Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationFee.

Appears in 2 contracts

Samples: Servicing Agreement (Pacificamerica Money Center Inc), Servicing Agreement (Pacificamerica Money Center Inc)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day or prior to each Payment Remittance Date, an amount equal to remit to the Security Collections required Trustee (A) the Trustee Fee with respect to be distributed on such Payment DateDistribution Date and (B) all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Charges from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, made in accordance with the provisions of Section 4.01 (the Servicer's right for recovery or from related Liquidation Proceeds or reimbursement has priority over the proceeds Trust as stated in the definition of the purchase of such Mortgage Loan"Available Funds"); (iii) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees or (b) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated serviced by Section 3.09the Servicer or Subservicer, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property) (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on each Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Responsible Party or the Depositor, as additional servicing compensation any Foreclosure Profitsapplicable, with respect to each Mortgage Loan that has previously been repurchased or replaced pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as further described herein; (vi) to pay reimburse the Servicer for (A) any P&I Advance or Servicing Advance previously made which the Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Sellerprovisions of Section 4.01 and (B) any unpaid Servicing Fees related to any Second Lien Mortgage Loan to the extent not recoverable from Liquidation Proceeds, Insurance Proceeds or other amounts received with respect to any the related Second Lien Mortgage Loan under Section 3.11(a)(iii) (the Servicer's right for recovery or property acquired reimbursement has priority over the Trust as stated in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as definition of the date on which the related Purchase Price or Repurchase Price is determined"Available Funds"); (vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in Mortgage Loan serviced by the Collection Account that was not required to be deposited therein Servicer pursuant to Section 3.023.15 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (viii) to pay reimburse the Servicer or the Depositor for expenses incurred by or reimbursable to the Seller Servicer or the amountDepositor, if anyas the case may be, pursuant to Section 6.03 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (ix) to reimburse the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation of the Responsible Party or the Depositor, as applicable, that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (x) to withdraw any amounts deposited in the Collection Account by in error; (xi) to withdraw any amounts held in the Indenture Collection Account and not required to be remitted to the Trustee upon release thereof from on the Funding Account representing payments Remittance Date occurring in the month in which such amounts are deposited into the Collection Account, to reimburse the Servicer for Additional Loansunreimbursed P&I Advances; (xii) to invest funds in Permitxxx Xxxxxxxxxxx in accordance with Section 3.12; and (ixxiii) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to provide written notification (as set forth in Section 3.07 or otherwise reimbursable pursuant 4.01(d)) to the terms of this Servicing Agreement that Trustee, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (a)(vi) above.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Wmc3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc1)

Withdrawals from the Collection Account. The Servicer shallAdministrator shall instruct the Indenture Trustee in writing (based, from time in the case of clauses (iv) and (v) below, on the information contained in the servicer's report delivered with respect to time as provided herein, the applicable Determination Date pursuant to Section 3.07 of the Servicing Agreement) to make withdrawals from amounts deposited in the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to at the Mortgage Loans following times and for the following purposes, and the Indenture Trustee shall comply with such instructions: (i) from time to time during the Revolving Period, insofar as the Administrator may so instruct on any Business Day therein, to deposit into the Collateral Reinvestment Account all collections in respect of principal of the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment DateFinanced Student Loans; (ii) from time to time during each Collection Period to pay the Department any Consolidation Fees due and payable to the Department, to the extent deposited to such Consolidation Fees are not being deducted by the Collection AccountDepartment out of Special Allowance Payments or Interest Subsidy Payments; (A) on each Add-on Consolidation Loan Funding Date after the Revolving Period, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred prepay in maintaining individual insurance policies full any Add-on Consolidation Loan pursuant to Section 3.046.07 of the Trust Agreement; provided, or Liquidation Expenseshowever, that the amount paid to prepay any Add-on Consolidation Loan on any date since the preceding Quarterly Payment Date shall not exceed the Net Principal Cash Flow Amount for such date minus the aggregate Purchase Collateral Balance remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date after the Revolving Period pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.092(d)(iii)(B), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ixB) on each Transfer Date after the occurrence of an Amortization Event, Revolving Period to pay to the Seller, pursuant to Section 2.02 of the Excluded Amount. SinceLoan Sale Agreement, the aggregate Purchase Collateral Balance for Serial Loans purchased by the Eligible Lender Trustee on behalf of the Issuer on such date (but only to the extent such aggregate Purchase Collateral Balance has not been satisfied by the exchange of Serial Loans for Exchanged Student Loans); provided that the amount paid to the Seller for the purchase of Serial Loans on such Transfer Date plus the amount of funds remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date on any Transfer Date after the Revolving Period shall not exceed the Net Principal Cash Flow Amount for such Transfer Date minus the sum of (i) all amounts paid since the last Quarterly Payment Date pursuant to Section 2(d)(iii)(A) to prepay any Add-on Consolidation Loan not held by the Issuer and (ii) all amounts which the Administrator reasonably estimates will be required to prepay Add-on Consolidation Loans pursuant to Section 2(d)(iii)(A) during the remainder of the Collection Period; and provided, further, that any Purchase Premium Amounts for Serial Loans purchased after the Revolving Period shall be paid only out of Reserve Account Excess as set forth in Section 2(e)(ii); (iv) on each Monthly Payment Date that is not a Quarterly Payment Date, to make the following deposits and distributions to the Persons specified below by 11:00 a.m. (New York time), to the extent of Monthly Available Funds for such Monthly Payment Date in the Collection Account, in connection the following order of priority: (A) to the Servicer, the Servicing Fee with withdrawals respect to the preceding calendar month and all unpaid Servicing Fees from prior months; and (B) to the Administrator, from the amount of the Monthly Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months; (v) on each Quarterly Payment Date, to make the following deposits and distributions to the Persons or the account specified below by 11:00 a.m. (New York time), to the extent of Available Funds for such Quarterly Payment Date in the Collection Account, in the following order of priority: (A) to the Servicer, the Servicing Fee with respect to the preceding calendar month and all unpaid Servicing Fees from prior months; (B) to the Administrator, from the amount of the Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months; (C) to the Indenture Trustee for distribution pursuant to Section 8.02(c) of the Indenture, in the following order of priority, from the amount of the Available Funds remaining after the application of clauses (iii), (iv), (viA) and (viiB): (i) the Class A-1 Noteholders' Interest Distribution Amount, the Class A-2 Noteholders' Interest Distribution Amount, the Trust Swap Payment Amount, if any, and the remainder of any Termination Payment to the extent that the Trust is the defaulting party (other than an Event of Default specified in Section 5(a)(i) of the Swap Agreement), the Servicer's entitlement thereto is limited to collections or other recoveries pro rata, based on the related Mortgage Loanratio of each such amount to the total of such amounts; (ii) the Subordinate Noteholders' Interest Distribution Amount; (iii) if the Revolving Period has terminated, the Servicer shall keep Senior Noteholders' Principal Distribution Amount; and maintain separate accounting(iv) if the Revolving Period has terminated, on a Mortgage Loan by Mortgage Loan basisthe Subordinate Noteholders' Principal Distribution Amount, for each with respect to such Quarterly Payment Date; and (D) to the purpose Reserve Account, the amount of justifying any withdrawal Available Funds remaining after the application of clauses (A) through (C). Except in the case of amounts deposited into the Reserve Account pursuant to clause (d)(v)(D) of this Section 2, amounts properly calculated, reported and withdrawn from the Collection Account and properly distributed pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, Section 2(d) in accordance with the Servicer terms hereof shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant deemed released from the Trust Estate and the security interest therein granted to the terms of this Servicing Agreement that Indenture Trustee, and the Servicer determines Persons to whom such amounts are distributed shall in no event be otherwise nonrecoverable (except with respect required to refund any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationdistributed amounts.

Appears in 2 contracts

Samples: Administration Agreement (Usa Group Secondary Market Services Inc), Administration Agreement (Usa Group Secondary Market Services Inc)

Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) before 1:00 p.m. (New York City time) on (x) the third Business Day preceding each Distribution Date, to deposit withdraw the lesser of the Available Funds then in the Distribution Account, on the Business Day prior to each Payment Date, Collection Account and an amount equal to the Security Collections required Guaranteed Distributions for such Distribution Date and (y) on the related Deposit Date to be distributed on withdraw the remaining Available Funds, and, in each case, remit such Payment Datefunds to the Trustee for deposit to the Distribution Account; (ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer's right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer's right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections on particular any Mortgage Loans (other than Loan and to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, purchase or from repurchase proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans; (iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person; (v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedfor Nonrecoverable Advances; (vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest and principal on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before the related Cut-Off Date; (viii) to pay to the Seller Servicer or the amountTrustee the portion of any Purchase Price in respect of clause (iv) of the definition thereof or of any Substitution Adjustment in respect of clause (d) of the definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer or the Trustee, if any, deposited in as the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andcase may be; (ix) after to reimburse the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, Servicer for expenses incurred by it in connection with withdrawals the Mortgage Loans or Certificates and reimbursable pursuant to clauses (iii), (iv), (vi) and (vii), Section 7.03 hereof provided that such amount shall only be withdrawn following the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account for deposit into the Distribution Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled clause (i)(y) above; and (x) to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from clear and terminate the Collection Account upon the termination of this Agreement and to pay any amounts on deposit remaining therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationapplicable Class R Certificateholders.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Delta Funding Corp /De/), Pooling and Servicing Agreement (Delta Funding Corp /De/)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.03: (i) to remit to the Trust Administrator for deposit in the Distribution Account, on Account the Business Day prior to each Payment Date, an amount equal to the Security Collections amounts required to be distributed on such Payment Dateso remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d); (ii) subject to Section 3.16(d), to reimburse the Servicer for P&I Advances, but only to the extent deposited to the Collection Account, to reimburse itself or of amounts received which represent Late Collections (net of the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Servicing Fees) of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.03; (iii) subject to Section 3.16(d), to pay the Servicer or any Sub-Servicer (A) any unpaid Servicing Fees, (B) any unreimbursed Servicing Advances with respect to itself out each Mortgage Loan, but only to the extent of each payment any Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the Servicer from a Mortgagor, or otherwise received on account with respect to such Mortgage Loan and (C) without limiting any right of interest on withdrawal set forth in clause (vi) below, any Servicing Advances made with respect to a Mortgage Loan as contemplated by Section 3.09that, an amount equal to following the related Servicing Fee (final liquidation of a Mortgage Loan are Nonrecoverable Advances, but only to the extent not retained pursuant that Late Collections, Liquidation Proceeds and Insurance Proceeds received with respect to Section 3.02), and such Mortgage Loan are insufficient to pay to reimburse the Servicer or any Subservicer any Subservicing Fees not previously withheld by the SubservicerSub-Servicer for such Servicing Advances; (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the related Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Servicer, the Depositor or the Sponsor, as additional servicing compensation any Foreclosure Profitsthe case may be, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.03 all amounts received thereon subsequent to the date of purchase or substitution, as the case may be; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any P&I Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.03; (vii) to withdraw any other amount deposited in reimburse the Collection Account that was not required Servicer, the Master Servicer or the Depositor for expenses incurred by or reimbursable to be deposited therein the Servicer, the Master Servicer or the Depositor, as the case may be, pursuant to Section 3.026.03; (viii) to pay reimburse the Servicer, the Trust Administrator, the Master Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the Seller purchase obligation under Section 2.03 or Section 2.04 of this Agreement that were included in the amountPurchase Price of the Mortgage Loan, if anyincluding any expenses arising out of the enforcement of the purchase obligation; (ix) to pay itself any Prepayment Interest Excess (to the extent not otherwise retained); (x) to pay, or to reimburse the Servicer for advances in respect of expenses incurred in connection with any Mortgage Loan pursuant to Section 3.16(b); (xi) to clear and terminate the Collection Account pursuant to Section 9.01; and (xii) to withdraw any amounts deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountin error. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (ii), (iii), (iv), (v), (vi), (viii) and (ix) above. Notwithstanding any other provision of this Servicing AgreementThe Servicer shall provide written notification to the Trustee, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 and the Trust Administrator, on or otherwise reimbursable pursuant prior to the terms of this Servicing Agreement that the next succeeding Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (vii) above.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 2 contracts

Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1), Servicing Agreement (Imh Assets Corp)

Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, before 1:00 p.m. (New York City time) on the Business Day prior related Deposit Date to withdraw the remaining Available Funds and Prepayment Charges, and, in each Payment Datecase, an amount equal remit such funds to the Security Collections required Securities Administrator for deposit to be distributed on such the Payment DateAccount; (ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer’s right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer’s right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections on particular any Mortgage Loans (other than Loan and to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, purchase or from repurchase proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans; (iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person; (v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer; (vi) to pay reimburse the Servicer for Nonrecoverable Advances and any unpaid Servicing Fees related to itself or the Seller, with respect to any a Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred secured by a second lien on the related Mortgaged Property to the Seller, the Servicer or other entity, all amounts received thereon and extent not required recovered pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedclause (ii) above; (vii) subject to withdraw Section 4.15(d), to reimburse the Servicer for any other amount deposited unreimbursed Monthly Advances to the extent of funds held in the Collection Account for future distribution that was were not required included in Available Funds for the preceding Payment Date (provided that such amounts must be deposited into the Collection Account prior to the next Deposit Date on which such amounts are to be deposited therein pursuant to Section 3.02included in Available Funds for the related Payment Date); (viii) to pay to the Seller collections received in respect of accrued interest and principal on the amountMortgage Loans due on or before the related Cut-Off Date; (ix) to pay to the Servicer, if anythe Master Servicer, deposited in the Collection Account by Securities Administrator or the Indenture Trustee upon release the portion of any Purchase Price in respect of clause (iv) of the definition thereof from or of any Substitution Adjustment in respect of clause (d) of the Funding Account representing payments definition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer, the Master Servicer, the Securities Administrator or the Indenture Trustee, as the case may be; (x) to reimburse the Servicer for Additional Loansexpenses incurred by it in connection with the Mortgage Loans or Notes and reimbursable pursuant to Section 5.03 hereof; and (ixxi) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) clear and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from terminate the Collection Account pursuant to such clauses. Notwithstanding any other provision upon the termination of this Agreement and to pay any amounts remaining therein to the Certificateholders. The parties to this Agreement acknowledge that Servicing Agreement, the Servicer Advances shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to this Section 3.03, and agree that no reimbursement of a Servicing Advance shall be rejected or disallowed by any party unless it has been shown that such Servicing Advance was not made in accordance with the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationAgreement.

Appears in 2 contracts

Samples: Servicing Agreement (Renaissance Home Equity Loan Trust 2007-1), Servicing Agreement (Renaissance Home Equity Loan Trust 2007-2)

Withdrawals from the Collection Account. The Servicer shallAdministrator shall instruct the Indenture Trustee in writing (based, from time in the case of clauses (iv) and (v) below, on the information contained in the servicer's report delivered with respect to time as provided herein, the applicable Determination Date pursuant to Section 3.07 of the Servicing Agreement) to make withdrawals from amounts deposited in the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to at the Mortgage Loans following times and for the following purposes, and the Indenture Trustee shall comply with such instructions: (i) from time to time during the Revolving Period, insofar as the Administrator may so instruct on any Business Day therein, to deposit into the Collateral Reinvestment Account all collections in respect of principal of the Financed Student Loans; provided that if the Collateral Reinvestment Account Trigger is triggered with respect to any Monthly Collection Period, the Administrator may only instruct the Indenture Trustee to deposit amounts in the Collateral Reinvestment Account in excess of the amount necessary to pay the Noteholders' Interest Distribution Amount for the next Quarterly Payment Date provided, further, that such amounts shall remain on deposit in the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on Collection Account until such next succeeding Quarterly Payment Date; (ii) from time to time during each Collection Period to pay the Department any Consolidation Fees due and payable to the Department, to the extent deposited to such Consolidation Fees are not being deducted by the Collection AccountDepartment out of Special Allowance Payments or Interest Subsidy Payments; (A) on each Add-on Consolidation Loan Funding Date after the Revolving Period, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred prepay in maintaining individual insurance policies full any Add-on Consolidation Loan pursuant to Section 3.046.07 of the Trust Agreement; provided, or Liquidation Expenseshowever, that the amount paid to prepay any Add-on Consolidation Loan on any date since the preceding Quarterly Payment Date shall not exceed the Net Principal Cash Flow Amount for such date minus the aggregate Purchase Collateral Balance remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date after the Revolving Period pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.092(d)(iii)(B), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ixB) on each Transfer Date after the occurrence of an Amortization Event, Revolving Period to pay to the Seller, pursuant to Section 2.02 of the Excluded Amount. SinceLoan Sale Agreement, the aggregate Purchase Collateral Balance for Serial Loans purchased by the Eligible Lender Trustee on behalf of the Issuer on such date (but only to the extent such aggregate Purchase Collateral Balance has not been satisfied by the exchange of Serial Loans for Exchanged Student Loans); provided that the amount paid to the Seller for the purchase of Serial Loans on such Transfer Date plus the amount of funds remitted for the purchase of Serial Loans on each Transfer Date since the preceding Quarterly Payment Date on any Transfer Date after the Revolving Period shall not exceed the Net Principal Cash Flow Amount for such Transfer Date minus the sum of: (i) all amounts paid since the last Quarterly Payment Date pursuant to Section 2(d)(iii)(A) to prepay any Add-on Consolidation Loan not held by the Issuer and (ii) all amounts which the Administrator reasonably estimates will be required to prepay Add-on Consolidation Loans pursuant to Section 2(d)(iii)(A) during the remainder of the Collection Period; and provided, further, that any Purchase Premium Amounts for Serial Loans purchased after the Revolving Period shall be paid only out of Reserve Account Excess as set forth in Section 2(e)(ii); (iv) on each Monthly Payment Date that is not a Quarterly Payment Date, to make the following deposits and distributions to the Persons specified below by 11:00 a.m. (New York time), to the extent of Monthly Available Funds for such Monthly Payment Date in the Collection Account, in connection the following order of priority: (A) to the Servicer, the Servicing Fee with withdrawals respect to the preceding calendar month and all unpaid Servicing Fees from prior months; and (B) to the Administrator, from the amount of the Monthly Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months; (v) on each Quarterly Payment Date, to make the following deposits and distributions to the Persons or the account specified below by 11:00 a.m. (New York time), to the extent of Available Funds for such Quarterly Payment Date in the Collection Account, in the following order of priority: (A) to the Servicer, the Servicing Fee with respect to the preceding calendar month and all unpaid Servicing Fees from prior months; (B) to the Administrator, from the amount of the Available Funds remaining after the application of clause (A), the Administration Fee with respect to the preceding calendar month and all unpaid Administration Fees from prior months; (C) to the Indenture Trustee for distribution pursuant to Section 8.02(c) of the Indenture, in the following order of priority, from the amount of the Available Funds remaining after the application of clauses (iii), (iv), (viA) and (viiB): (i) the Class A-1 Noteholders' Interest Distribution Amount, the Class A-2 Noteholders' Interest Distribution Amount, the Trust Swap Payment Amounts, if any, and the remainder of any Termination Payment to the extent that the remainder of such Termination Payment is owed to any Swap Counterparties following a Redemption Event (as defined in any related Swap Agreement) or the Trust is the defaulting party (other than an Event of Default specified in Section 5(a)(i) of any Swap Agreements), the Servicer's entitlement thereto is limited to collections or other recoveries pro rata, based on the related Mortgage Loanratio of each such amount to the total of such amounts; (ii) the Subordinate Noteholders' Interest Distribution Amount; (iii) if the Revolving Period has terminated, the Servicer shall keep Senior Noteholders' Principal Distribution Amount; and maintain separate accounting(iv) if the Revolving Period has terminated, on a Mortgage Loan by Mortgage Loan basisthe Subordinate Noteholders' Principal Distribution Amount, for each with respect to such Quarterly Payment Date; and (D) to the purpose Reserve Account, the amount of justifying any withdrawal Available Funds remaining after the application of clauses (A) through (C). Except in the case of amounts deposited into the Reserve Account pursuant to clause (d)(v)(D) of this Section 2, amounts properly calculated, reported and withdrawn from the Collection Account and properly distributed pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, Section 2(d) in accordance with the Servicer terms hereof shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant deemed released from the Trust Estate and the security interest therein granted to the terms of this Servicing Agreement that Indenture Trustee, and the Servicer determines Persons to whom such amounts are distributed shall in no event be otherwise nonrecoverable (except with respect required to refund any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationdistributed amounts.

Appears in 2 contracts

Samples: Administration Agreement (Goldman Sachs Asset Backed Securities Corp), Administration Agreement (Gs Mortgage Securities Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 5.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.045.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)5.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.095.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.025.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Sponsor or the Seller, as applicable, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased by the Sponsor or otherwise transferred to the Seller, as applicable, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 5.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 5.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.025.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 5.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 9.01; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 5.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 5.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (NovaStar Certificates Financing CORP), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer’s own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee, the Owner Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Net Derivative Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay the PMI Insurer the premium with respect to the Seller PMI Insurer Policy; (xiii) to pay the amount, if any, deposited Bond Insurance Premium; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 2 contracts

Samples: Servicing Agreement (IMPAC CMB Trust Series 2005-5), Servicing Agreement (IMPAC CMB Trust Series 2005-5)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) on or prior to each Remittance Date, to remit to the Trustee for deposit in the Distribution Account, on Account all Available Funds in respect of the Business Day prior to each Payment Date, an amount equal related Distribution Date together with all amounts representing Prepayment Charges (payable to the Security Collections required to be distributed on such Payment DateClass P Certificateholders) from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent payments of principal or interest (net of the related Servicing Fees) on particular the related Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were mademade in accordance with the provisions of Section 4.01 or Condemnation Proceeds, Insurance Proceeds or from related Liquidation Proceeds or Unreimbursed Advances to the proceeds extent of funds held in the purchase of such Mortgage LoanCollection Account for future distribution; (iii) to pay the Servicer or any Subservicer (A) any unpaid Servicing Fees or (B) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09Loan, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant of any Late Collections or other amounts as may be collected by the Servicer from a Mortgagor, or otherwise received with respect to Section 3.02such Mortgage Loan (or the related REO Property), and to pay to any Subservicer any Subservicing Fees not previously withheld by reimburse the SubservicerServicer for Advances made at the time a Mortgage Loan was modified; (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on each Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01any additional servicing compensation set forth in Section 3.21; (v) to the extent deposited in the Collection Account, to pay to itself the Seller, with respect to each Mortgage Loan that has previously been repurchased or replaced pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as additional servicing compensation any Foreclosure Profitsthe case may be; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any P&I Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.01; (vii) to withdraw pay, or to reimburse the Servicer for Servicing Advances in respect of, expenses incurred in connection with any other amount deposited in the Collection Account that was not required to be deposited therein Mortgage Loan pursuant to Section 3.023.15; (viii) to pay reimburse the Servicer, the Depositor or the Trustee for expenses incurred by or reimbursable to the Servicer, the Depositor or the Trustee, as the case may be, pursuant to Section 6.03, Section 7.02 or Section 8.05; (ix) to reimburse the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation of the Seller under this Agreement that were included in the amountRepurchase Price of the Mortgage Loan, if anyincluding any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof; (x) to withdraw any amounts deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loansin error; and (ixxi) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to provide written notification (as set forth in Section 3.07 or otherwise reimbursable pursuant 4.01(d)) to the terms of this Servicing Agreement that Depositor, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (a)(vi) above.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (C-Bass Mortgage Loan Trust 2007-Cb2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Cb5)

Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, before 1:00 p.m. (New York City time) on the Business Day prior related Deposit Date to withdraw the remaining Available Funds and Prepayment Charges, and, in each Payment Datecase, an amount equal remit such funds to the Security Collections required Securities Administrator for deposit to be distributed on such the Payment DateAccount; (ii) to reimburse the extent deposited Servicer for any accrued unpaid Servicing Compensation which the Servicer would not have been required to deposit in the Collection Account and for unreimbursed Monthly Advances and Servicing Advances. The Servicer’s right to reimbursement for unpaid Servicing Fees and unreimbursed Servicing Advances shall be limited to late collections on the related Mortgage Loan, including Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Collection Account, Mortgage Loan in respect of which such reimbursed amounts are owed. The Servicer’s right to reimburse itself or the related Subservicer reimbursement for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being Monthly Advances shall be limited to amounts received late collections on particular any Mortgage Loans (other than Loan and to Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds and any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, purchase or from repurchase proceeds on related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanLoans; (iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code in accordance with a final, and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicernonappealable order of a court having competent jurisdiction; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation withdraw any interest or investment income earned on funds deposited in the Collection Account that were not required to be deposited therein (such as Servicing Compensation) or were deposited therein in error and Payment Account that it is entitled to withdraw pursuant pay such funds to Sections 3.02(b) and 5.01the appropriate Person; (v) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.06 to the extent deposited in not advanced by the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsServicer; (vi) to pay reimburse the Servicer for Nonrecoverable Advances and any unpaid Servicing Fees related to itself or the Seller, with respect to any a Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred secured by a second lien on the related Mortgaged Property to the Seller, the Servicer or other entity, all amounts received thereon and extent not required recovered pursuant to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedclause (ii) above; (vii) to withdraw any other amount deposited pay to the Seller collections received in respect of accrued interest and principal on the Collection Account that was not required to be deposited therein pursuant to Section 3.02Mortgage Loans due on or before the related Cut-Off Date; (viii) to pay to the Seller Servicer, the amountMaster Servicer, if any, deposited in the Collection Account by Securities Administrator or the Indenture Trustee upon release the portion of any Purchase Price in respect of clause (iv) of the definition thereof from or of any Substitution Adjustment in respect of clause (d) of the Funding Account representing payments for Additional Loans; anddefinition thereof to the extent paid in respect of amounts incurred by or imposed on the Servicer, the Master Servicer, the Securities Administrator or the Indenture Trustee, as the case may be; (ix) after to reimburse the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, Servicer for expenses incurred by it in connection with withdrawals the Mortgage Loans or Notes and reimbursable pursuant to clauses (iii), (iv), (vi) and (vii), Section 5.03 hereof provided that such amount shall only be withdrawn following the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account for deposit into the Payment Account pursuant to such clauses. Notwithstanding any other provision clause (i) above; and (x) to clear and terminate the Collection Account upon the termination of this Agreement and to pay any amounts remaining therein to the Certificateholders. The parties to this Agreement acknowledge that Servicing Agreement, the Servicer Advances shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to this Section 3.03, and agree that no reimbursement of a Servicing Advance shall be rejected or disallowed by any party unless it has been shown that such Servicing Advance was not made in accordance with the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationAgreement.

Appears in 2 contracts

Samples: Servicing Agreement (Renaissance Home Equity Loan Trust 2005-3), Servicing Agreement (Renaissance Home Equity Loan Trust 2005-2)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day or prior to each Payment Remittance Date, an amount equal to remit to the Security Collections required Trustee (A) the Trustee Fee with respect to be distributed on such Payment DateDistribution Date and (B) all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Charges from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, made in accordance with the provisions of Section 4.01 (the Servicer's right for recovery or from related Liquidation Proceeds or reimbursement has priority over the proceeds Trust as stated in the definition of the purchase of such Mortgage Loan"Available Funds"); (iii) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees or (b) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated serviced by Section 3.09the Servicer or Subservicer, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property) (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on each Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Responsible Party or the Depositor, as additional servicing compensation any Foreclosure Profitsapplicable, with respect to each Mortgage Loan that has previously been repurchased or replaced pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as further described herein; (vi) to pay reimburse the Servicer for (A) any P&I Advance or Servicing Advance previously made which the Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Sellerprovisions of Section 4.01 and (B) any unpaid Servicing Fees related to any Second Lien Mortgage Loan to the extent not recoverable from Liquidation Proceeds, Insurance Proceeds or other amounts received with respect to any the related Second Lien Mortgage Loan under Section 3.11(a)(iii) (the Servicer's right for recovery or property acquired reimbursement has priority over the Trust as stated in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as definition of the date on which the related Purchase Price or Repurchase Price is determined"Available Funds"); (vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in Mortgage Loan serviced by the Collection Account that was not required to be deposited therein Servicer pursuant to Section 3.023.15 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (viii) to pay reimburse the Servicer or the Depositor for expenses incurred by or reimbursable to the Seller Servicer or the amountDepositor, if anyas the case may be, pursuant to Section 6.03 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (ix) to reimburse the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation of the Responsible Party or the Depositor, as applicable, that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (x) to withdraw any amounts deposited in the Collection Account by in error; (xi) to withdraw any amounts held in the Indenture Collection Account and not required to be remitted to the Trustee upon release thereof from on the Funding Account representing payments Remittance Date occurring in the month in which such amounts are deposited into the Collection Account, to reimburse the Servicer for Additional Loansunreimbursed P&I Advances; (xii) to invest funds in Permitxxx Xxxxxxxxxxx in accordance with Section 3.12; and (ixxiii) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to provide written notification (as set forth in Section 3.07 or otherwise reimbursable pursuant 4.01(d)) to the terms of this Servicing Agreement that Trustee, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on subclause (a)(vi) above. (c) The Servicer shall be responsible for reviewing and reconciling all Collection Accounts in accordance with Accepted Servicing Practices. The Servicer shall act to promptly to resolve any Business Day prior discrepancies. The Servicer shall be responsible for all expenses and consequences for failure to the Payment Date succeeding the date of reconcile such determinationCollection Accounts.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc6)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Home Equity Loans for the following purposes: (i) to remit to the Indenture Trustee for deposit in the Distribution Payment Account, on the Business Day prior to related Determination Date for each Payment Date, an amount equal to the Security Collections required to be distributed on for such Payment Date; (ii) prior to either a Rapid Amortization Event or the Collection Period preceding the end of the Managed Amortization Period, to pay to the Seller, with respect to the Revolving Credit Loans, the amount of any Additional Balances as and when created during the related Collection Period, provided, that, with respect to the Revolving Credit Loans, the aggregate amount so paid to the Seller in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period; (iii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Home Equity Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Home Equity Loan; (iiiiv) to pay to itself out of each payment received on account of interest on a Mortgage Home Equity Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (ivv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (vvi) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; Profits (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined;extent permitted by law); and (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Home Equity Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Home Equity Loan by Mortgage Home Equity Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Home Equity Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Home Equity Loans on any Business Day prior to the Payment Determination Date succeeding following the date of such determinationcalculation.

Appears in 2 contracts

Samples: Servicing Agreement (Morgan Stanley Abs Capital I Inc), Servicing Agreement (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-3), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-4)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.03: (i) to remit to the Indenture Trustee for deposit in the Distribution Account, on Account the Business Day prior to each Payment Date, an amount equal to the Security Collections amounts required to be distributed on such Payment Dateso remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d); (ii) subject to Section 3.18(d), to reimburse the Servicer for Monthly Advances, but only to the extent deposited of amounts received which represent Late Collections (net of the related Servicing Fees) of Monthly Payments on Mortgage Loans with respect to which such Monthly Advances were made in accordance with the Collection Accountprovisions of Section 4.03; (iii) subject to Section 3.18(d), to pay the Servicer or any Sub-Servicer any unpaid Servicing Fees and reimburse itself or the related Subservicer for previously any unreimbursed expenses incurred in maintaining individual insurance policies pursuant Servicing Advances with respect to Section 3.04each Mortgage Loan, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than of any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of and Insurance Proceeds received with respect to such Mortgage Loan; (iiiiv) to pay to itself out of each payment received on account of interest on a Mortgage Loan the Servicer as contemplated by Section 3.09, an amount equal servicing compensation (in addition to the related Servicing Fee (to Fee) on the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to pay to the extent deposited Servicer, the Depositor or the Unaffiliated Seller, as the case may be, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.05 all amounts received thereon not included in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsPurchase Price or the Substitution Shortfall Amount; (vi) to pay to itself or from proceeds on the Seller, Collection Account with respect to any the Mortgage Loan or property acquired Loans in respect thereof that has been purchased or otherwise transferred the related Group to the Seller, reimburse the Servicer for any Monthly Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable Monthly Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.03; (vii) to withdraw any other amount deposited in from proceeds on the Collection Account that was not required with respect to be deposited therein the Mortgage Loans in the related Group to reimburse the Servicer or the Depositor for expenses incurred by or reimbursable to the Servicer or the Depositor, as the case may be, pursuant to Section 3.026.03; (viii) to pay to the Seller the amount, if any, deposited in from proceeds on the Collection Account by with respect to the Mortgage Loans in the related Group to reimburse the Servicer or the Indenture Trustee upon release thereof Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the purchase obligation under Section 2.05 or Section 2.06 of this Agreement that were included in the Purchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the purchase obligation; (ix) from proceeds on the Funding Collection Account representing payments with respect to the Mortgage Loans in the related Group to pay, or to reimburse the Servicer for Additional Loansadvances in respect of, expenses incurred in connection with any Mortgage Loan pursuant to Section 3.18(b); and (ixx) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals this Agreement pursuant to clauses (iiiSection 10.01(a), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the . The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (ii), (iii), (v), (vi), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Indenture Trustee, on or prior to the next succeeding Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclauses (vi) and (vii) above.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Prudential Securities Secured Financing Corp)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections ARM Pool Available Funds and the High LTV Pool Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Servi cing Agreement, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), 3.06) and to pay to any Subservicer any Subservicing Fees subservicing fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (x) of this Subsection 3.07(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted scheduled payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay CMAC the premium with respect to the Seller CMAC PMI Policies; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(c); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Servi cing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 1999-1)

Withdrawals from the Collection Account. (a) The Servicer shall, from time Trustee shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the On each Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required make distributions to be distributed on such Payment DateCertificateholders pursuant to Section 5.01; (ii) From time to the extent deposited to the Collection Accounttime, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred make investments in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), Permitted Investments and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited Servicer all income and gain earned in the Collection Account to pay to itself as additional servicing compensation any interest respect of Permitted Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (viii) To reimburse the Seller or the Servicer to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profitspermitted by Section 7.03; (viiv) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to To withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein pursuant or were deposited therein in error and to Section 3.02pay such funds to the appropriate Person; (viiiv) to To pay to the Seller party legally entitled by a final order of a court of competent jurisdiction in an insolvency proceeding an amount equal to any preference claim made with respect to amounts paid with respect to the amountMortgage Loans; provided that, if anyany such amount is later determined not to be a preference by such court of competent jurisdiction and is returned to the Servicer, deposited in such amount shall be redeposited into the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and (ixvi) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement and to pay any amounts remaining therein to the Seller, Class R Certificateholders. (b) If the Excluded Amount. Since, Servicer deposits in connection with withdrawals pursuant the Collection Account any amount not required to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement be deposited therein or credited thereto is limited to collections or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other recoveries on the related Mortgage Loanreason for non-payment, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying it may at any withdrawal time withdraw such amount from the Collection Account pursuant to Section 3.03(a)(iv), and any such clauses. Notwithstanding amounts shall not be included in Interest Collections and Principal Collections, any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant herein to the terms contrary notwithstanding. Any withdrawal or debit permitted by Section 3.03(a) may be accomplished by delivering an Officer's Certificate to the Trustee which describes the purpose of this Servicing Agreement such withdrawal (including, without limitation, that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from such amount was deposited in the Collection Account in error or, in the case of returned checks, that such amounts on deposit therein attributable to were properly debited, respectively). Upon receipt of any such Officer's Certificate, the Mortgage Loans on any Business Day prior to Trustee shall withdraw such amount for the Payment Date succeeding account of the date of such determinationServicer. All funds deposited by the Servicer in the Collection Account shall be held by the Trustee in trust for the Certificateholders, until disbursed in accordance with Section 5.01 or withdrawn or debited in accordance with this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Compass Asset Acceptance Co)

Withdrawals from the Collection Account. (a) The Servicer shall, from time Indenture Trustee shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the Distribution Account, on the Business Day prior to On each Payment Date, an amount equal to make distributions and payments to [the Security Collections required Insurer,] Class A Noteholders and the Transferor in respect of the Ownership Interest pursuant to be distributed on such Payment DateSection 5.01; (ii) From time to the extent deposited to the Collection Accounttime, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred make investments in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), Permitted Investments and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited Master Servicer all income and gain earned in the Collection Account to pay to itself as additional servicing compensation any interest respect of Permitted Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (viii) To reimburse the Depositor or the Master Servicer to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profitspermitted by Section 6.03; (viiv) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to To withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein pursuant or were deposited therein in error and to Section 3.02pay such funds to the appropriate Person; (viiiv) to To pay to the Seller party legally entitled by a final order of a court of competent jurisdiction in an insolvency proceeding an amount equal to any preference claim made with respect to amounts paid with respect to the amountMortgage Loans; provided that, if anyany such amount is later determined not to be a preference by such court of competent jurisdiction and is returned to the Master Servicer or any Servicer, deposited in such amount shall be redeposited into the Collection Account by the Indenture Trustee Master Servicer; (vi) To clear and terminate the Collection Account upon release thereof from the Funding Account representing payments for Additional Loanstermination of his Agreement and to pay any amounts remaining therein to the Transferor in respect of the Ownership Interest; and (ixvii) after To reimburse the occurrence of an Amortization Event, to pay Master Servicer for Skip-A-Pay Advances to the Seller, extent permitted by Section 3.01(f). (b) If the Excluded Amount. Since, Master Servicer deposits in connection with withdrawals pursuant the Collection Account any amount not required to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement be deposited therein or credited thereto is limited to collections or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other recoveries on the related Mortgage Loanreason for non-payment, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying it may at any withdrawal time withdraw such amount from the Collection Account pursuant to Section 3.03(a)(iv), and any such clauses. Notwithstanding amounts shall not be included in Interest Collections and Principal Collections, any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant herein to the terms contrary notwithstanding. Any withdrawal or debit permitted by Section 3.03(a) may be accomplished by delivering an Officer's Certificate to the Indenture Trustee which describes the purpose of this Servicing Agreement such withdrawal (including, without limitation, that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from such amount was deposited in the Collection Account in error or, in the case of returned checks, that such amounts on deposit therein attributable to were properly debited, respectively). Upon receipt of any such Officer's Certificate, the Mortgage Loans on any Business Day prior to Indenture Trustee shall withdraw such amount for the Payment Date succeeding account of the date Master Servicer. All funds deposited by the Master Servicer in the Collection Account shall be held by the Indenture Trustee in trust for the Class A Noteholders[, the Insurer] and the Transferor in respect of such determinationthe Ownership Interest, until disbursed in accordance with Section 5.01 or withdrawn or debited in accordance with this Section.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Household Mortgage Funding Corp Iii)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Distribution Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Distribution Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-1)

Withdrawals from the Collection Account. (a) The Master --------------------------------------------- Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the fourth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to pay the Owner Trustee the Owner Trustee Fee; (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (xi) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; and (xii) to pay to the Seller the amount, if any, deposited Servicer income earned on Eligible Investments in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded AmountAccount. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Novastar Mortgage Funding Corp)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any portion to which such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by such Subservicers. (c) Unless otherwise designated in writing by the President or a Managing Director of the Bond Insurer to the Master Servicer, the Premium Amount to be otherwise nonrecoverable (except with respect paid pursuant to any Mortgage Loan as to which Section 3.05 of the Repurchase Price has been paid), Indenture shall be paid by withdrawal from the Collection Account of amounts on deposit therein attributable Master Servicer to the Mortgage Loans on any Business Day prior to Bond Insurer by wire transfer with the Payment Date succeeding following details specifically stated in the date of such determination.wire transfer: Bank: Citibank, N.A. ABA Number: 021-000089 For the account of: Ambac Assurance Corporation Account Number: 40609486 Re: Impac Series 2004-7, Policy No. AB0783BE 15 Attention: Pamela Dottin (212) 208-3308

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-7)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the fourth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to pay the Owner Trustee the Owner Trustee Fee; (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (xi) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xii) to pay to the Seller the amount, if any, deposited Servicer income earned on Eligible Investments in the Collection Account by Account; (xiii) to make regular scheduled payments (but not termination payments) due to the Indenture Trustee upon release thereof from CAP Provider under the Funding Account representing payments for Additional LoansCAP Agreements in accordance with the terms thereof; and (ixxiv) after to deposit in the occurrence of an Amortization EventPayment Account, by the fourth Business Day prior to pay each Payment Date, all payments received from the CAP Provider under the CAP Agreements or from ML&Co pursuant to the Seller, the Excluded AmountML&Co Guaranty. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. The Servicer shall not use any payments received under the CAP Agreements or the ML&Co Guaranty and deposited in the Collection Account to make any of the foregoing payments, other than pursuant to clause (xiv) above. (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Novastar Mortgage Funding Corp)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the fifth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed Servicing Advances, expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to net of any Subservicer any Subservicing Fees not previously withheld amount retained by the SubservicerSubservicer in respect of the Subservicing Fee pursuant to Section 3.07(b); (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Master Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Master Servicer for costs associated with any environmental report specified in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; and (xi) to pay to the Seller the amount, if any, deposited Master Servicer or any Subservicer income earned on Eligible Investments in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded AmountAccount. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep or cause the Subservicer to keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Master Servicer may, but is not required to, allow the Subservicers to deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any portion to which such Subservicers are entitled as reimbursement of any reimbursable Advances, Servicing Advances and Nonrecoverable Advances made by such Subservicers or the Sub-Servicing Fee; PROVIDED THAT any amount so retained in respect of the Subservicing Fee shall be entitled deemed to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to have been received by the terms Master Servicer in respect of this the Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationFee.

Appears in 1 contract

Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Withdrawals from the Collection Account. The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage __________ Loans for the following purposes: (i) to deposit in the Distribution Payment Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Date; (ii) prior to either an Amortization Event or the Collection Period preceding the Accelerated Amortization Date, to pay to the Seller, the amount of any Additional Balances as and when created during the related Collection Period, provided, that the aggregate amount so paid to the Seller in respect of Additional Balances at any time during any Collection Period shall not exceed the amount of Principal Collections theretofore received for such Collection Period;] (iii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 3.06 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.093.08), such withdrawal right being limited to amounts received on particular Mortgage __________ Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage __________ Loan;] (iiiiv) to pay to itself out of each payment received on account of interest on a Mortgage __________ Loan as contemplated by Section 3.093.08, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (ivv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01;] (vvi) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vivii) to pay to itself or the Seller, with respect to any Mortgage __________ Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Holders as of the date on which the related Purchase Price or Repurchase Price is determined;] (viiviii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02;] (viiiix) to pay to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ixx) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.]

Appears in 1 contract

Samples: Servicing Agreement (Beneficial Mortgage Services Inc)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the fourth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to pay the Owner Trustee the Owner Trustee Fee; (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (xi) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xii) to pay to the Seller the amount, if any, deposited Servicer income earned on Eligible Investments in the Collection Account Account; (xiii) to make regular scheduled payments (but not termination payments) due to the First and Second CAP Provider under the First and Second CAP Agreements in accordance with the terms thereof; (xiv) to deposit in the Payment Account, by the Indenture Trustee upon release thereof fourth Business Day prior to each Payment Date, all payments received from the Funding Account representing payments for Additional LoansCAP Providers under the CAP Agreements or from ML&Co pursuant to the ML&Co Guaranty; and (ixxv) after the occurrence of an Amortization Event, to pay to the Seller, PMI Insurer the Excluded Amountmonthly PMI Premium due under each PMI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; Withdrawals made pursuant to clause (xv) shall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. The Servicer shall not use any payments received under the CAP Agreements or the ML&Co Guaranty and deposited in the Collection Account to make any of the foregoing payments, other than pursuant to clause (xiv) above. (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Novastar Mortgage Funding Corp)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day or prior to each Payment the Servicer Remittance Date, an amount equal to remit to the Security Collections required to be distributed on such Payment DateTrustee all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Premiums from the related Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular the related Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.01; (iii) to pay the Servicer or any Subservicer (A) any unpaid related Servicing Fees (including such unpaid related Servicing Fees as provided in Section 3.15) or (B) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a related Mortgage Loan as contemplated serviced by Section 3.09the Servicer, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such related Mortgage Loan (or the related REO Property); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the related Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to pay the extent deposited in Responsible Party or the Collection AccountPurchaser, as applicable, with respect to pay each related Mortgage Loan that has previously been repurchased or replaced pursuant to itself this Agreement all amounts received thereon subsequent to the date of purchase or substitution, as additional servicing compensation any Foreclosure Profitsthe case may be; (vi) to pay reimburse the Servicer for (A) any P&I Advance or Servicing Advance previously made which the Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Sellerprovisions of Section 4.01, (B) any P&I Advance or Servicing Advance previously made with respect to any a delinquent Mortgage Loan or property acquired in respect thereof that which Mortgage Loan has been purchased or modified by the Servicer in accordance with the terms of this Agreement; provided that the Servicer shall only reimburse itself for such P&I Advances and Servicing Advances at the time of such modification and shall reimburse itself after such modification only as otherwise transferred permitted under the other clauses of this Section 3.11(a), and (C) any unpaid related Servicing Fees to the Sellerextent not recoverable from Liquidation Proceeds, the Servicer Insurance Proceeds or other entity, all amounts received thereon and not required with respect to be distributed to Securityholders as the related Mortgage Loan under Section 3.11(a)(iii) or upon termination of the date on which obligation of the related Purchase Price or Repurchase Price is determinedServicer; (vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in related Mortgage Loan serviced by the Collection Account that was not required to be deposited therein Servicer pursuant to Section 3.023.15; (viii) to pay reimburse the Servicer, the Depositor, the Certificate Insurer or the Trustee for expenses incurred by or reimbursable to the Seller Servicer, the amountDepositor, if anythe Certificate Insurer or the Trustee, as the case may be, pursuant to Section 6.03, Section 7.02 or Section 8.05; (ix) to reimburse the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation under Section 2.03 of this Agreement that were included in the Repurchase Price of the related Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof; (x) to withdraw any amounts deposited in the Collection Account in error or for which amounts previously deposited are returned due to a “not sufficient funds” or other denial of payment by the Indenture related Mortgagor’s banking institution; (xi) to withdraw any amounts held in the Collection Account and not required to be remitted to the Trustee upon release thereof from on the Funding Account representing payments Servicer Remittance Date occurring in the month in which such amounts are deposited into the Collection Account, to reimburse the Servicer for Additional Loansxxxxxxxxxxxx X&X Advances; (xii) to invest funds in Permitted Investments in accordance with Section 3.12; and (ixxiii) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, this Agreement. To the extent that the Servicer does not timely make the remittance referred to pay to the Sellerin clause (i) above, the Excluded Amount. SinceServicer shall pay the Trustee for the account of the Trustee interest on any amount not timely remitted at the prime rate, in connection with withdrawals pursuant from and including the applicable Servicer Remittance Date to clauses but excluding the date such remittance is actually made. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Depositor, on or prior to the next succeeding Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclauses (a)(vi) and (viii) above.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (FFMLT 2007 FFB-Ss)

AutoNDA by SimpleDocs

Withdrawals from the Collection Account. The Master Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.03: (i) to remit to the Trustee for deposit in the Distribution Account, on Account the Business Day prior to each Payment Date, an amount equal to the Security Collections amounts required to be distributed on such Payment Date;so remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d); 63 (ii) subject to the extent deposited to the Collection AccountSection 3.15(d), to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Monthly Advances, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant of amounts received which represent Late Collections (net of the related Master Servicing Fees) of Monthly Payments on Mortgage Loans with respect to which such Monthly Advances were made in accordance with the provisions of Section 4.03; (iii) subject to Section 3.093.15(d), such withdrawal right being limited to amounts received on particular pay itself any unpaid Master Servicing Fees and reimburse itself for any unreimbursed Servicing Advances with respect to each Mortgage Loans (other than Loan, but only to the extent of any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of and Insurance Proceeds received with respect to such Mortgage Loan; (iiiiv) to pay to (a) itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal servicing compensation (in addition to the related Master Servicing Fee (to Fee) on the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation Master Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b(b) itself on the Master Servicer Remittance Date, the Master Servicing Fee and 5.01all late payment charge and assumption fees; (v) to pay to itself, the extent deposited Depositor or the Mortgage Loan Seller, as the case may be, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.03 or Section 3.15(c) all amounts received thereon not included in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure ProfitsPurchase Price or the Substitution Shortfall Amount; (vi) to pay to reimburse itself for any Monthly Advance or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that Servicing Advance previously made which it has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required determined to be distributed to Securityholders as a Nonrecoverable Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.03; (vii) to withdraw any other amount deposited in reimburse itself or the Collection Account that was not required Depositor for expenses incurred by or reimbursable to be deposited therein the Master Servicer or the Depositor, as the case may be, pursuant to Section 3.026.03; (viii) to pay reimburse itself or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the Seller purchase obligation under Section 2.03 or Section 2.04 of this Agreement that were included in the amountPurchase Price of the Mortgage Loan, if anyincluding any expenses arising out of the enforcement of the purchase obligation; (ix) to pay, deposited or to reimburse itself for advances in respect of, expenses incurred in connection with any Mortgage Loan pursuant to Section 3.15(b); (x) to pay the premium on the Lender PMI Loans in accordance with Section 3.26(c); (xi) to reimburse the Trustee in connection with Section 11.01(c); (xii) to transfer any amount in the Collection Account by to a successor Master Servicer (including the Indenture Trustee upon release thereof from Successor Master Servicer) in connection with the Funding Account representing payments for Additional Loanstransfer of the obligations of the Master Servicer in accordance with this Agreement; and (ixxiii) after to clear and terminate the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals Collection Account pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Section 10.01. The Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (ii), (iii), (v), (vi), (viii), (ix) and (x) above. Notwithstanding any other provision of this Servicing Agreement, the The Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Trustee, on or prior to the next succeeding Master Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclauses (vi) and (vii) above.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2002-1)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Impac CMB Trust Series 2002-4f)

Withdrawals from the Collection Account. The Servicer shall, from time shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the stated purposes in the following purposesorder of priority: (i) to deposit in reimburse the Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment DateServicer for any accrued and unpaid Servicing Fees; (ii) on each Servicer Remittance Date, to transfer the following amounts to the extent deposited to Indenture Trustee for deposit in the Payment Account: (A) the portion of the Interest Collections and Principal Collections for the related Collection Period then in the Collection Account, ; (B) [Reserved]; (C) any amounts required to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid be deposited pursuant to Section 3.07 or otherwise reimbursable pursuant in connection with any REO Property; (D) any amounts to the terms be paid in connection with a purchase of this Servicing Agreement (to the extent not payable Mortgage Loans and REO Properties pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan10.01; (iii) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to itself out of each payment received on account of interest on be recovered as a Mortgage Loan as contemplated voidable preference by Section 3.09, an amount equal a trustee in bankruptcy pursuant to the related Servicing Fee (to the extent not retained pursuant to Section 3.02)United States Bankruptcy Code 11 U.S.C. 101 et seq., and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subserviceras amended in accordance with a final, nonappealable order of a court having competent jurisdiction; (iv) [Reserved]; (v) to pay the Servicer as servicing compensation (in addition to the extent deposited in Servicing Fee) on the Collection Account to pay to itself as additional servicing compensation Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein or were deposited therein in error and to pay such funds to the appropriate Person; 57 (vii) to pay the Servicer the servicing compensation for the related Collection Period that it is entitled to receive pursuant to Section 3.023.09 herein; (viii) to pay reimburse the Servicer for any Servicing Advance previously made which the Servicer has determined to be a Nonrecoverable Advance; (ix) [Reserved]; (x) to withdraw funds necessary for the conservation and disposition of REO Property pursuant to Section 3.07 to the Seller the amount, if any, deposited in the Collection Account extent not advanced by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansServicer; and (ixxi) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement. Prior to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying making any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreementsubclause (vii), the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant have delivered to the terms Indenture Trustee and the Insurer a certificate of this a Servicing Agreement that Officer indicating the amount of any previous Servicing Advance determined by the Servicer determines to be otherwise nonrecoverable (except with respect to any a Nonrecoverable Advance and identifying the related Mortgage Loan as to which the Repurchase Price has been paidLoans(s), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date and their respective portions of such determinationNonrecoverable Advance.

Appears in 1 contract

Samples: Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H1)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day or prior to each Payment Remittance Date, an amount equal to remit to the Security Collections required Trustee (A) the Trustee Fee with respect to be distributed on such Payment DateDistribution Date and (B) all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Charges from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, made in accordance with the provisions of Section 4.01 (the Servicer's right for recovery or from related Liquidation Proceeds or reimbursement has priority over the proceeds Trust as stated in the definition of the purchase of such Mortgage Loan"Available Funds"); (iii) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees or (b) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated serviced by Section 3.09the Servicer or Subservicer, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property) (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on each Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Responsible Party or the Depositor, as additional servicing compensation any Foreclosure Profitsapplicable, with respect to each Mortgage Loan that has previously been repurchased or replaced pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as further described herein; (vi) to pay reimburse the Servicer for (A) any P&I Advance or Servicing Advance previously made which the Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Sellerprovisions of Section 4.01 and (B) any unpaid Servicing Fees related to any Second Lien Mortgage Loan to the extent not recoverable from Liquidation Proceeds, Insurance Proceeds or other amounts received with respect to any the related Second Lien Mortgage Loan under Section 3.11(a)(iii) (the Servicer's right for recovery or property acquired reimbursement has priority over the Trust as stated in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as definition of the date on which the related Purchase Price or Repurchase Price is determined"Available Funds"); (vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in Mortgage Loan serviced by the Collection Account that was not required to be deposited therein Servicer pursuant to Section 3.023.15 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (viii) to pay reimburse the Servicer or the Depositor for expenses incurred by or reimbursable to the Seller Servicer or the amountDepositor, if anyas the case may be, pursuant to Section 6.03 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (ix) to reimburse the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation of the Responsible Party or the Depositor, as applicable, that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (x) to withdraw any amounts deposited in the Collection Account by in error; (xi) to withdraw any amounts held in the Indenture Collection Account and not required to be remitted to the Trustee upon release thereof from on the Funding Account representing payments Remittance Date occurring in the month in which such amounts are deposited into the Collection Account, to reimburse the Servicer for Additional Loansxxxxxxxxxxxx X&X Advances; (xii) to invest funds in Permitted Investments in accordance with Section 3.12; and (ixxiii) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to provide written notification (as set forth in Section 3.07 or otherwise reimbursable pursuant 4.01(d)) to the terms of this Servicing Agreement that Trustee, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on subclause (a)(vi) above. (c) The Servicer shall be responsible for reviewing and reconciling all Collection Accounts in accordance with Accepted Servicing Practices. The Servicer shall act to promptly to resolve any Business Day prior discrepancies. The Servicer shall be responsible for all expenses and consequences for failure to the Payment Date succeeding the date of reconcile such determinationCollection Accounts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc4)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to withdraw pay the Master Servicer or any other amount deposited in the Collection Account that was not required Subservicer (payment to any Subservicer to be deposited therein pursuant subject to Section 3.02; (viii) to pay prior payment to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence Master Servicer of an Amortization Event, to pay amount equal to the SellerSubservicing Fee), the Excluded Amount. Sinceas appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related liquidation of any Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to amount which it or such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be Subservicer would have been entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms receive under subclause (iii) of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.this

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-9)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee, the Owner Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Net Derivative Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay the PMI Insurer the premium with respect to the Seller PMI Insurer Policy; (xiii) to pay the amount, if any, deposited Bond Insurer the Premium Amount; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Impac CMB Trust Series 2005-3, Collateralized Asset - Backed Bonds, Series 2005-3)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Servi cing Agreement, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees subservicing fees not previously withheld by the SubservicerSubservicer and to pay CMAC any amounts owed under the CMAC PMI Policy; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (x) of this Subsection 3.07(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted scheduled payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Owner Trustee Fee and the Indenture Trustee Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay to reimburse the Seller Master Servicer for costs associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(c); and (ixxiii) after clear and terminate the occurrence of an Amortization Event, Collection Account pursuant to pay to the Seller, the Excluded AmountSection 7.08. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Servi cing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Impac CMB Trust Series 1998-2)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Servicing Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), and (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2001-1)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (x) of this Subsection 3.07(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted scheduled payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Owner Trustee Fee and the Indenture Trustee Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay to reimburse the Seller Master Servicer for costs associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(c); and (ixxiii) after clear and terminate the occurrence of an Amortization Event, Collection Account pursuant to pay to the Seller, the Excluded AmountSection 7.08. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the fourth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), 3.06) and to pay the Back-up Servicer an amount equal to any Subservicer any Subservicing Fees not previously withheld by the SubservicerBack-up Servicing Fee; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to pay the Owner Trustee the Owner Trustee Fee; (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (xi) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xii) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xiii) to pay to the MI Insurer the monthly MI Premium due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiv) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 4.02, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Payment Account. Withdrawals made pursuant to clause (ixxiii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Residential Asset Funding Corp)

Withdrawals from the Collection Account. (a) The Servicer HELOC Subservicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the HELOC Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in remit to the Distribution AccountSecurities Administrator, on by the Business Day prior to each Payment HELOC Subservicer Remittance Date, an amount equal to the Security Collections all amounts required to be distributed deposited in the Collection Account as of the close of business on such Payment the related Determination Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer HELOC subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)HELOC Subservicing Agreement, such withdrawal right being limited to amounts received on particular the related HELOC Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loanrelated Recoveries; (iii) to pay to itself out of each payment received on account of interest on a HELOC Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing HELOC Subservicer Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01[reserved]; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits[reserved]; (vi) to reimburse the HELOC Subservicer or any HELOC subservicer from Insurance Proceeds, Liquidation Proceeds or Recoveries relating to a particular HELOC Mortgage Loan for amounts expended by the HELOC Subservicer or such HELOC subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such HELOC Mortgage Loan; (vii) to pay the HELOC Subservicer or any HELOC subservicer (payment to itself any HELOC subservicer to be subject to prior payment to the HELOC Subservicer of an amount equal to the HELOC Subservicing Fee), as appropriate, from Liquidation Proceeds, Insurance Proceeds or Recoveries received in connection with the Sellerliquidation of any HELOC Mortgage Loan, the amount which it or such HELOC subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such HELOC Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds, Insurance Proceeds and Recoveries with respect to such HELOC Mortgage Loan, after any reimbursement to the HELOC Subservicer or any HELOC subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such HELOC Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the HELOC Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a HELOC subservicer and the HELOC Subservicer with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to defaulted Monthly Payment shall not exceed the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedapplicable HELOC Subservicing Fee); (viiviii) to reimburse the HELOC Subservicer or any HELOC subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a); (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to pay withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the Seller the amountBankruptcy Code in accordance with a final, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andnonappealable order of a court having competent jurisdiction; (ixxi) after to reimburse the occurrence of an Amortization Event, HELOC Subservicer for costs incurred by it associated with the environmental report specified in Section 3.13(e); (xii) to pay to the Seller, on behalf of the Excluded AmountDepositor, to the extent that principal collections exceed Draws, the outstanding principal balance of each Additional Balance purchased by the Depositor from the Seller pursuant to the Mortgage Loan Purchase Agreement; and (xiii) to clear and terminate the Collection Account following a termination of the Trust pursuant to Section 8.01 of the Trust Agreement. Since, in In connection with withdrawals pursuant to clauses (iiiii), (iviii), (vi) and (vii), the Servicer's HELOC Subservicer’s entitlement thereto is limited to collections or other recoveries on the related HELOC Mortgage Loan, and the Servicer HELOC Subservicer shall keep and maintain separate accounting, on a HELOC Mortgage Loan by HELOC Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing HELOC Subservicing Agreement, the Servicer HELOC Subservicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that HELOC Subservicing Agreement, but only to the Servicer determines extent of collections or other recoveries on the related HELOC Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the HELOC Subservicer may, but is not required to, allow the HELOC subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a HELOC subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Servicing Advances made by such HELOC subservicers. (c) The HELOC Subservicer shall pay to the Repurchase Price has been paid), by withdrawal Securities Administrator interest on any payments to the Securities Administrator Collection Account which were due on a HELOC Subservicer Remittance Date but were made after the related HELOC Subservicer Remittance Date at a rate equal to the federal funds rate from the Collection Account of amounts on deposit therein attributable date due to the Mortgage Loans on date paid, both inclusive. This interest shall be solely an obligation of the HELOC Subservicer and shall not be recoverable by the Securities Administrator from the Trust or from any Business Day prior to the Payment Date succeeding the date of such determinationother source.

Appears in 1 contract

Samples: Heloc Subservicing Agreement (American Home Mortgage Investment Trust 2005-4)

Withdrawals from the Collection Account. The Servicer shall, from time Account Control Agreement with respect to time as provided herein, make withdrawals from the Collection Account shall provide that (a) on each Remittance Date the Collection Account Bank shall deliver the Available Amount by wire transfer of amounts on immediately available funds for deposit therein into the Payment Account for application by the Indenture Trustee to make payments in accordance with the priorities set forth pursuant to Section 3.02 that are attributable 2.15(b) and (b) on any Business Day other than a Remittance Date the Collection Account Bank shall remit to the Mortgage Loans for Issuer or to the following purposes: Issuer’s designee the amount requested by the Issuer, provided that (i) to deposit in the Distribution Account, on the Business Day prior to each Payment Date, Issuer shall not request an amount equal which, after giving effect to such remittance, would cause the Security Collections required to be distributed remaining Available Amount on such Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited deposit in the Collection Account to pay be less than the amount required to itself as additional servicing compensation be paid pursuant to Section 2.15(b) (excluding any interest remaining Available Amounts to be paid to the Issuer) on the immediately succeeding Payment Date and (ii) the Issuer shall have executed and delivered to the Collection Account Bank and the Indenture Trustee a certificate stating that (1) a copy of such certificate has simultaneously been delivered to the Indenture Trustee, (2) no Default or investment income earned Event of Default shall have occurred and be continuing at the time of or immediately after giving effect to such payment, and (3) immediately after giving effect to such payment (A) the aggregate outstanding principal amount of Eligible Mortgage Loans plus the aggregate amount on funds deposited deposit in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as deposit account of the date Issuer subject to an Account Control Agreement is equal to not less than 120% of the Outstanding Principal Balance and (B) the remaining Available Amount on which the related Purchase Price or Repurchase Price is determined; (vii) to withdraw any other amount deposited deposit in the Collection Account that was is not less than the amount required to be deposited therein paid pursuant to Section 3.02; 2.15(b) (viii) excluding any remaining Available Amounts to pay be paid to the Seller the amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ixIssuer) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the immediately succeeding Payment Date succeeding the date of such determinationDate.

Appears in 1 contract

Samples: Indenture (Manhattan Bridge Capital, Inc)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Derivative Contract Payment Amount; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-11)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a) and for any payments made by the Master Servicer pursuant to Section 4.06 of this Agreement; (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a) and for any payments made by the Master Servicer pursuant to Section 4.06 of this Agreement; (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; Policy; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

Withdrawals from the Collection Account. (a) The Servicer shallmay, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit deposited therein pursuant to Section 3.02 6.04 that are attributable to the Mortgage Loans Contracts for the following purposes: (i) to deposit in the on each Distribution Account, on the Business Day prior to each Payment Date, an amount equal to pay to the Security Collections required to be distributed on such Payment DateTrustee the Trustee Fee; (ii) to the extent deposited pay to the Collection Account, Seller with respect to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred each Repurchased Contract in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to respect thereof all amounts received on particular Mortgage Loans (other than any Repurchase Price thereon that are specified in respect thereof) which represent late recoveries such Section to be property of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanSeller; (iii) to pay to reimburse itself for the payment of Taxes out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee Liquidation Proceeds (to the extent not previously retained pursuant from such Liquidation Proceeds prior to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld their deposit) or out of payments expressly made by the Subservicerrelated Obligor to reimburse the Servicer for such Taxes, as permitted by Section 5.06; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Monthly Servicing Fee; (v) to reimburse itself or a previous Servicer out of Liquidation Proceeds (to the extent deposited not previously retained from Liquidation Proceeds prior to their deposit in the Collection Account) in respect of a Manufactured Home and out of payments by the related Obligor (to the extent of payments expressly made by the Obligor to reimburse the Servicer for insurance premiums) for expenses incurred by it in respect of such Manufactured Home that are specified as being reimbursable to it pursuant to Section 5.07, 5.08 or 5.11 or to pay to itself as additional servicing compensation any Foreclosure Profitsa previous Servicer under Section 8.08; (vi) to pay to reimburse itself for any Nonrecoverable Advance or the Seller, Advances in accordance with respect to any Mortgage Loan Section 6.03(c) or property acquired 6.03(b) and for Advances in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determinedLiquidated Contracts in accordance with Section 6.03(c); (vii) after the Certificate Principal Balance of each Class of Certificates has been reduced to zero, to reimburse the Depositor for expenses incurred and reimbursable to it pursuant to Section 8.06; and (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein (including any collections on the Contracts that, pursuant to Section 3.02;2.01, are not part of the Trust Fund). (viiib) to pay to On each Deposit Date, the Seller the amount, if any, deposited in Servicer shall withdraw from the Collection Account by an amount equal to the Indenture Trustee upon release thereof from Available Distribution Amount for the Funding Account representing payments for Additional Loans; andrelated Distribution Date and shall deposit such amount in the Certificate Account. (ixc) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iiiSection 6.02(a)(ii), (iv), (via)(iii) and (viia)(v), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage LoanContract, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan Contract by Mortgage Loan Contract basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Indymac Abs Inc)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day or prior to each Payment Remittance Date, an amount equal to remit to the Security Collections required Trustee (A) the Trustee Fee with respect to be distributed on such Payment DateDistribution Date and (B) all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Charges from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, made in accordance with the provisions of Section 4.01 (the Servicer's right for recovery or from related Liquidation Proceeds or reimbursement has priority over the proceeds Trust as stated in the definition of the purchase of such Mortgage Loan"Available Funds"); (iii) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees or (b) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated serviced by Section 3.09the Servicer or Subservicer, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property) (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on each Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Responsible Party or the Depositor, as additional servicing compensation any Foreclosure Profitsapplicable, with respect to each Mortgage Loan that has previously been repurchased or replaced pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as further described herein; (vi) to pay reimburse the Servicer for (A) any P&I Advance or Servicing Advance previously made which the Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Sellerprovisions of Section 4.01 and (B) any unpaid Servicing Fees related to any Second Lien Mortgage Loan to the extent not recoverable from Liquidation Proceeds, Insurance Proceeds or other amounts received with respect to any the related Second Lien Mortgage Loan under Section 3.11(a)(iii) (the Servicer's right for recovery or property acquired reimbursement has priority over the Trust as stated in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as definition of the date on which the related Purchase Price or Repurchase Price is determined"Available Funds"); (vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in Mortgage Loan serviced by the Collection Account that was not required to be deposited therein Servicer pursuant to Section 3.023.15 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (viii) to pay reimburse the Servicer or the Depositor for expenses incurred by or reimbursable to the Seller Servicer or the amountDepositor, if anyas the case may be, pursuant to Section 6.03 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (ix) to reimburse the Servicer, the Class A-2b Certificate Insurer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation of the Responsible Party or the Depositor, as applicable, that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (x) to withdraw any amounts deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loansin error; and (ixxi) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, withdraw any amounts held in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant and not required to be remitted to the Trustee on the Remittance Date occurring in the month in which such clauses. Notwithstanding any other provision of this Servicing Agreementamounts are deposited into the Collection Account, to reimburse the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determination.P&I Advances;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc3)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided hereintime, make withdrawals withdraw funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (ia) to deposit reimburse itself for unreimbursed Servicing Advances, and for accrued and unpaid Servicing Fees, the Servicer's right to reimburse itself pursuant to this subclause (a) with respect to any Mortgage Loan being limited to related Liquidation Proceeds, condemnation proceeds, REO Disposition Proceeds, amounts representing proceeds of any Insurance Policy related to such Mortgage Loan and such other amounts as may be collected by the Servicer from the Borrower or otherwise relating to the Mortgage Loan, it being understood that, in the Distribution Accountcase of any such reimbursement, on the Business Day Servicer's right thereto shall be prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Daterights of Owner; (iib) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies by and reimbursable to it pursuant to Section 3.04Sections 4.10, or Liquidation Expenses6.7, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan6.15 and 6.16; (iiic) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (vd) to withdraw any amounts inadvertently deposited in the extent Collection Account or not required to be deposited therein; (e) to make payments to the Owner in the amounts and in the manner provided herein; and (f) to clear and terminate the Collection Account upon the termination of this Agreement. If after receipt and application of Liquidation Proceeds in accordance with the foregoing, the Servicer has sustained an unrecovered loss in connection with a Servicing Advance, the amount of unrecovered loss shall be reimbursed to the Servicer, first, from amounts in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Sellerif such funds are insufficient, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred by payment to the Seller, Servicer by the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as Owner within ten (10) Business Days of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.02; (viii) to pay to the Seller the receipt of notice by such Owner of such amount, if any, deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, distribute that portion of collections on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior due to the Payment Date succeeding Owner in the date of such determinationamounts and in the manner provided herein on each Remittance Date.

Appears in 1 contract

Samples: Loan Servicing Agreement (Realtrust Asset Corp)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer(s own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee, the Owner Trustee Fee and any amounts payable or reimbursable to the Indenture Trustee therefrom and the Net Derivative Fee; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay the PMI Insurer the premium with respect to the Seller PMI Insurer Policy; (xiii) to reimburse the amount, if any, deposited Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxiv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Servicer's Master Servicer(s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-4)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the fourth Business Day prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), 3.06) and to pay the Indenture Trustee an amount equal to any Subservicer any Subservicing Fees not previously withheld by the SubservicerBack-up Servicing Fee; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to pay the Owner Trustee the Owner Trustee Fee; (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (xi) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xii) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xiii) to pay to the MI Insurer the monthly MI Premium due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiv) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 4.02, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Payment Account. Withdrawals made pursuant to clause (ixxiii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Novastar Mortgage Funding Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 5.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.045.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)5.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.095.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.025.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the SellerSponsor, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the SellerSponsor, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 5.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Section 5.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.025.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 5.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 9.01; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a Mortgage Loan that is Delinquent from funds held in the Collection Account as contemplated by Section 5.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. . (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 5.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2006-1)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurer the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. The Servicer shall not use any payments received under the Cap Agreements and deposited in the Collection Account to make any of the foregoing payments, other than pursuant to clause (xiii) above. (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable or, to the Mortgage Loans extent specifically set forth herein, the Simple Interest Excess Sub-Account, as applicable, for any of the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day On or prior to each Payment the Remittance Date, an amount equal to remit to the Security Collections required Trustee (i) the Trustee Fee with respect to be distributed on such Payment DateDistribution Date and (ii) the Interest Remittance Amount and the Principal Remittance Amount in respect of the related Distribution Date together with all amounts representing Prepayment Charges from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.01; (iii) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees or (b) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09Loan, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01the Simple Interest Excess Sub-Account; (v) to the extent deposited in the Collection Account, to pay to itself the Unaffiliated Seller or the related Originator, as additional servicing compensation any Foreclosure Profitsapplicable, with respect to each Mortgage Loan that has previously been purchased or replaced by the Unaffiliated Seller or such Originator, as applicable, pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as the case may be; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any P&I Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.01; (vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited Mortgage Loan pursuant to Section 3.15; (viii) to reimburse the Servicer, the Depositor or the Trustee for expenses incurred by or reimbursable to the Servicer, the Depositor or the Trustee, as the case may be, pursuant to Section 6.03; (ix) to reimburse the Servicer, the Unaffiliated Seller, the Depositor, the Class A Certificate Insurer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the purchase obligation under Section 2.03 of this Agreement that were included in the Collection Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the purchase obligation to the extent not otherwise paid pursuant to the terms hereof; (x) to deposit to the Simple Interest Excess Sub-Account that was not any amount required to be deposited therein pursuant to Section 3.023.10(b); (viiixi) to pay to the Seller the amount, if any, withdraw any amounts deposited in the Collection Account by or the Indenture Trustee upon release thereof from the Funding Simple Interest Excess Sub-Account representing payments for Additional Loansin error; and (ixxii) after to clear and terminate the occurrence Collection Account and the Simple Interest Excess Sub-Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Trustee, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (a)(vii) above.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Withdrawals from the Collection Account. (a) The HELOC Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the HELOC Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in remit to the Distribution AccountSecurities Administrator, on by the Business Day prior to each Payment HELOC Servicer Remittance Date, an amount equal to the Security Collections all amounts required to be distributed deposited in the Collection Account as of the close of business on such Payment the related Determination Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related HELOC Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this HELOC Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related HELOC Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loanrelated Recoveries; (iii) to pay to itself out of each payment received on account of interest on a HELOC Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related HELOC Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the SellerSponsor, with respect to any HELOC Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the SellerSponsor, the HELOC Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Class V-A Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to pay to the HELOC Back-Up Servicer the HELOC Back-Up Servicing Fee; (vi) to reimburse the HELOC Servicer or any HELOC Subservicer from Insurance Proceeds, Liquidation Proceeds or Recoveries relating to a particular HELOC Mortgage Loan for amounts expended by the HELOC Servicer or such HELOC Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such HELOC Mortgage Loan; (vii) to pay the HELOC Servicer or any HELOC Subservicer (payment to any HELOC Subservicer to be subject to prior payment to the HELOC Servicer of an amount equal to the HELOC Servicing Fee), as appropriate, from Liquidation Proceeds, Insurance Proceeds or Recoveries received in connection with the liquidation of any HELOC Mortgage Loan, the amount which it or such HELOC Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such HELOC Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds, Insurance Proceeds and Recoveries with respect to such HELOC Mortgage Loan, after any reimbursement to the HELOC Servicer or any HELOC Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such HELOC Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the HELOC Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a HELOC Subservicer and the HELOC Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable HELOC Servicing Fee); (viii) to reimburse the HELOC Servicer or any HELOC Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a); (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to withdraw any amount received from a Mortgagor that is recoverable and sought to be recovered as a voidable preference by a trustee in bankruptcy pursuant to the Bankruptcy Code in accordance with a final, nonappealable order of a court having competent jurisdiction; (xi) to reimburse the HELOC Servicer for costs incurred by it associated with the environmental report specified in Section 3.13(e); (xii) to pay to the Seller Sponsor, on behalf of the amountDepositor, if anyto the extent that principal collections exceed Draws, deposited in the Collection Account outstanding principal balance of each Additional Balance purchased by the Indenture Trustee upon release thereof Depositor from the Funding Account representing payments for Additional LoansSponsor pursuant to the Mortgage Loan Purchase Agreement; and (ixxiii) after to clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (vi) and (vii), the HELOC Servicer's ’s entitlement thereto is limited to collections or other recoveries on the related HELOC Mortgage Loan, and the HELOC Servicer shall keep and maintain separate accounting, on a HELOC Mortgage Loan by HELOC Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this HELOC Servicing Agreement, the HELOC Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this HELOC Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related HELOC Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the HELOC Servicer determines may, but is not required to, allow the HELOC Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a HELOC Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such HELOC Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such HELOC Subservicers. (c) The HELOC Servicer shall pay to the Mortgage Loans Securities Administrator interest on any Business Day prior payments to the Payment Account which were due on a HELOC Servicer Remittance Date succeeding but were made after the related HELOC Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe HELOC Servicer and shall not be recoverable by the Securities Administrator from the Trust or from any other source.

Appears in 1 contract

Samples: Heloc Servicing Agreement (American Home Mortgage Investment Trust 2006-2)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.01: (i) to deposit in the Distribution Account, on the Business Day or prior to each Payment Remittance Date, an amount equal to remit to the Security Collections required Trustee (A) the Trustee Fee with respect to be distributed on such Payment DateDistribution Date and (B) all Available Funds in respect of the related Distribution Date together with all amounts representing Prepayment Charges from the Mortgage Loans received during the related Prepayment Period; (ii) to reimburse the extent deposited to the Collection AccountServicer for P&I Advances, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (but only to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to of amounts received which represent Late Collections (net of the related Servicing Fees) of Scheduled Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, made in accordance with the provisions of Section 4.01 (the Servicer's right for recovery or from related Liquidation Proceeds or reimbursement has priority over the proceeds Trust as stated in the definition of the purchase of such Mortgage Loan"Available Funds"); (iii) to pay the Servicer or any Subservicer (a) any unpaid Servicing Fees or (b) any unreimbursed Servicing Advances with respect to itself out of each payment received on account of interest on a Mortgage Loan as contemplated serviced by Section 3.09the Servicer or Subservicer, an amount equal to the related Servicing Fee (but only to the extent not retained pursuant to Section 3.02)of any Late Collections, and to pay to any Subservicer any Subservicing Fees not previously withheld Liquidation Proceeds, Condemnation Proceeds, Insurance Proceeds or other amounts as may be collected by the SubservicerServicer from a Mortgagor, or otherwise received with respect to such Mortgage Loan (or the related REO Property) (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on each Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Responsible Party or the Depositor, as additional servicing compensation any Foreclosure Profitsapplicable, with respect to each Mortgage Loan that has previously been repurchased or replaced pursuant to this Agreement, all amounts received thereon subsequent to the date of purchase or substitution, as further described herein; (vi) to pay reimburse the Servicer for (A) any P&I Advance or Servicing Advance previously made which the Servicer has determined to itself be a Nonrecoverable P&I Advance or Nonrecoverable Servicing Advance in accordance with the Sellerprovisions of Section 4.01 and (B) any unpaid Servicing Fees related to any Second Lien Mortgage Loan to the extent not recoverable from Liquidation Proceeds, Insurance Proceeds or other amounts received with respect to any the related Second Lien Mortgage Loan under Section 3.11(a)(iii) (the Servicer's right for recovery or property acquired reimbursement has priority over the Trust as stated in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as definition of the date on which the related Purchase Price or Repurchase Price is determined"Available Funds"); (vii) to withdraw pay, or to reimburse the Servicer for advances in respect of, expenses incurred in connection with any other amount deposited in Mortgage Loan serviced by the Collection Account that was not required to be deposited therein Servicer pursuant to Section 3.023.15 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (viii) to pay reimburse the Servicer or the Depositor for expenses incurred by or reimbursable to the Seller Servicer or the amountDepositor, if anyas the case may be, pursuant to Section 6.03 (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (ix) to reimburse the Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the repurchase obligation of the Responsible Party or the Depositor, as applicable, that were included in the Repurchase Price of the Mortgage Loan, including any expenses arising out of the enforcement of the repurchase obligation, to the extent not otherwise paid pursuant to the terms hereof (the Servicer's right for recovery or reimbursement has priority over the Trust as stated in the definition of "Available Funds"); (x) to withdraw any amounts deposited in the Collection Account by in error; (xi) to withdraw any amounts held in the Indenture Collection Account and not required to be remitted to the Trustee upon release thereof from on the Funding Account representing payments Remittance Date occurring in the month in which such amounts are deposited into the Collection Account, to reimburse the Servicer for Additional Loansunreimbursed P&I Advances; (xii) to invest funds in Permitxxx Xxxxxxxxxxx in accordance with Section 3.12; and (ixxiii) after to clear and terminate the occurrence Collection Account upon termination of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals pursuant to clauses this Agreement. (iii), (iv), (vib) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (a)(ii), (iii), (v), (vi), (vii), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to provide written notification (as set forth in Section 3.07 or otherwise reimbursable pursuant 4.01(d)) to the terms of this Servicing Agreement that Trustee, on or prior to the Servicer determines to be otherwise nonrecoverable (except with respect to next succeeding Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on subclause (a)(vi) above. (c) The Servicer shall be responsible for reviewing and reconciling all Collection Accounts in accordance with Accepted Servicing Practices. The Servicer shall act promptly to resolve any Business Day prior discrepancies. The Servicer shall be responsible for all expenses and consequences for failure to the Payment Date succeeding the date of reconcile such determinationCollection Accounts.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc2)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day prior to each Payment Master Servicer Remittance Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Master Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Master Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to pay to reimburse the Seller Master Servicer for costs incurred by it associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxi) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi) and (vii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such Subservicers. (c) The Master Servicer shall pay to the Mortgage Loans Indenture Trustee interest on any Business Day prior payments to the Payment Account which were due on the Master Servicer Remittance Date succeeding but were made after the Master Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe Master Servicer and shall not be recoverable by the Indenture Trustee from the Trust or from any other source.

Appears in 1 contract

Samples: Servicing Agreement (American Home Mort Securities Home Mortgage Invest Tr 2004-1)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Distribution Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such Payment a Distribution Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.043.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)3.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Certificateholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance of its own funds or any unreimbursed advance of such Subservicer's own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgage Property which was damaged by the uninsured cause or in connection with the liquidation of such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance previously made, and otherwise not reimbursed pursuant to this Subsection 3.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report specified in Section 3.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 7.08; (xi) to pay to the Seller Servicer income earned on Eligible Investments in the amount, if any, deposited Collection Account; (xii) to pay to the MI Insurers the monthly MI Premiums due under each MI Policy from payments received (or Advances made) on account of interest due on the related Mortgage Loan; and (xiii) to make an Advance with respect to a delinquent Mortgage Loan from funds held in the Collection Account as contemplated by Section 3.24, provided that the Indenture Trustee upon release thereof from amount withdrawn for such an Advance is immediately deposited into the Funding Account representing payments for Additional Loans; and Payment Account. Withdrawals made pursuant to clause (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountshall be made on a first priority basis. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (viv) and (viivi), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. The Servicer shall not use any payments received under the Cap Agreements and deposited in the Collection Account to make any of the foregoing payments, other than pursuant to clause (xiv) above. (b) Notwithstanding any other provision the provisions of this Servicing AgreementSection 3.07, the Servicer shall be entitled may, but is not required to, allow the Subservicers to reimburse itself for deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day prior to each Payment Master Servicer Remittance Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Monthly Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Monthly Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Master Servicing Fee Rate to but not including the date of payment (in any event, the aggregate amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Master Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not otherwise reimbursed pursuant to this Subsection 3.07(a); (ix) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiix) to pay to reimburse the Seller Master Servicer for costs incurred by it associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxi) after to clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi) and (vii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled hereunder as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Monthly Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable such Subservicers. (c) The Master Servicer shall pay to the Mortgage Loans Indenture Trustee interest on any Business Day prior payments to the Payment Account which were due on a Master Servicer Remittance Date succeeding but were made after the related Master Servicer Remittance Date at a rate equal to the federal funds rate from the date due to the date paid, both inclusive. This interest shall be solely an obligation of such determinationthe Master Servicer and shall not be recoverable by the Indenture Trustee from the Trust or from any other source.

Appears in 1 contract

Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-3)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay Radian the premium with respect to the Seller Radian Lender-Paid PMI Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee and the Bond Insurer the Premium Amount; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp)

Withdrawals from the Collection Account. The Servicer shallmay, from time to time as provided hereintime, make make, or cause to be made, withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit reimburse itself for Servicing Advances made by it; such right to reimbursement pursuant to this subclause (i) is limited to amounts received on or in respect of a particular Mortgage Loan (including, for this purpose, Liquidation Proceeds and amounts representing Insurance Proceeds with respect to the property subject to the related Mortgage) it being understood, in the Distribution Accountcase of any such reimbursement, on that the Business Day Servicer's or Servicer's right thereto shall be prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Daterights of the Securityholders; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer from Liquidation Proceeds for previously unreimbursed expenses incurred in maintaining individual insurance policies Liquidation Expenses and for amounts expended by it pursuant to Section 3.044.06 in good faith in connection with the restoration of damaged property and, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), that Liquidation Proceeds after such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries reimbursement exceed the unpaid principal balance of the payments related Mortgage Loan, together with accrued and unpaid interest thereon at the applicable Loan Rate less the applicable Servicing Fee Rate for which such advances were made, or from related Liquidation Proceeds or Mortgage Loan to the proceeds Due Date next succeeding the date of the purchase its receipt of such Mortgage Loan; (iii) Liquidation Proceeds, to pay to itself out of each such excess the amount of any unpaid assumption fees, late payment received charges or other Mortgagor charges on account of interest on a the related Mortgage Loan and to retain any excess remaining thereafter as contemplated by Section 3.09additional servicing compensation, an amount equal it being understood, in the case of any such reimbursement or payment, that the Servicer's right thereto shall be prior to the related Servicing Fee (to rights of the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the SubservicerSecurityholders; (iviii) pay to the extent deposited in Depositor, the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself Seller or the SellerOriginator, as applicable, with respect to any each Mortgage Loan or property REO Property acquired in respect thereof that has been purchased or otherwise transferred pursuant to the Seller, the Servicer or other entitythis Agreement, all amounts received thereon and not required to be distributed to Securityholders as of on the date on which the related repurchase was effected, and to pay to the applicable Person any Servicing Advances to the extent specified in the definition of Loan Purchase Price Price; (iv) subject to Section 7.01, to pay to itself income earned on the investment of funds deposited in the Collection Account; (v) on each Servicer Remittance Date, to make payment to the Indenture Trustee for deposit into the Payment Account of the Servicer Remittance Amount for the related Payment Date; (vi) to make payment to itself, the Indenture Trustee, the Custodian, the Administrator and others pursuant to any provision of this Agreement (including Section 6.03), the Indenture, the Custodial Agreements or Repurchase Price is determinedthe Administration Agreement; (vii) to withdraw any other amount funds deposited in error in the Collection Account that was not required to be deposited therein pursuant to Section 3.02Account; (viii) to pay to the Seller the amount, if any, deposited in clear and terminate the Collection Account pursuant to Article VIII; (ix) to reimburse a successor Servicer (solely in its capacity as successor Servicer), for any fee, expense or advance occasioned by a termination of the Servicer, and the assumption of such duties by the Indenture Trustee upon release thereof from or a successor Servicer appointed by the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization EventIndenture Trustee pursuant to Section 7.01, to pay in each case to the Sellerextent not reimbursed by the terminated Servicer, the Excluded Amount. Sinceit being understood, in the case of any such reimbursement or payment, that the right of such successor Servicer or the Indenture Trustee to be reimbursed thereto shall be prior to the rights of the Securityholders. In connection with withdrawals pursuant to clauses subclauses (iiii), (iv), (viii) and (vii)iv) above, the Servicer's, or such other Person's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the . The Servicer shall therefore keep and maintain a separate accounting, on a accounting for each Mortgage Loan by Mortgage Loan basis, it services for the purpose of justifying any withdrawal from the Collection Account it maintains pursuant to such clausessubclause (i), (ii) and iv). Notwithstanding any other provision of this Servicing Agreement, On each Servicer Remittance Date the Servicer shall be entitled to reimburse itself withdraw the Servicer Remittance Amount for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant the related Payment Date and remit such amount to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on Trustee for deposit therein attributable to the Mortgage Loans on any Business Day prior to into the Payment Date succeeding the date of such determinationAccount.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He1)

Withdrawals from the Collection Account. (a) The Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 5.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the Business Day Servicer Remittance Date prior to each Payment Date, an amount equal to all collections on the Security Collections Mortgage Loans required to be distributed from the Payment Account on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining Servicing Advances paid to maintain individual insurance policies pursuant to Section 3.045.11, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)5.13, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances expenses were madepaid, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.095.15, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.025.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the SellerSponsor, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to by the SellerSponsor, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Servicer or any Subservicer for any unreimbursed Advance or Servicing Advance of its own funds or any unreimbursed advance of such Subservicer’s own funds, the right of the Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance, Servicing Advance or advance was made; (vi) to reimburse the Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for Servicing Advances expended by the Servicer or such Subservicer pursuant to Section 5.13: (x) in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the uninsured cause, (y) in connection with the liquidation of such Mortgage Loan, or (z) with respect to an MI Claim Payment Advance made by the Servicer with respect to such Mortgage Loan; provided, however, that reimbursements pursuant to clause (z) may only be made from MI Insurance Proceeds actually paid by the MI Insurer under the MI Policy related to such Mortgage Loan; (vii) to reimburse the Servicer or any Subservicer for any unreimbursed Nonrecoverable Advance or Servicing Advance previously made, and to reimburse any successor Servicer for any Servicing Transfer Costs, including any legal fees or expenses relating to any such transfer, in each case not paid by the transferring Servicer, in each case otherwise not reimbursed pursuant to this Section 5.07(a); (viii) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.025.06; (viiiix) to reimburse the Servicer for costs associated with the environmental report handling the presence of any toxic or hazardous substance on a Mortgaged Property as set forth in Section 5.13(c); (x) to clear and terminate the Collection Account upon a termination pursuant to Section 9.01; (xi) to pay to the Seller the amount, if any, deposited Servicer income earned on Eligible Investments in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; andAccount; (ixxii) after the occurrence of an Amortization Event, to pay to the Seller, MI Insurer the Excluded Amount. Since, in connection with withdrawals pursuant to clauses monthly MI Premiums due under each MI Policy from payments received (iii), (iv), (vior Advances made) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on account of interest due on the related Mortgage Loan, the Servicer shall keep and maintain separate accounting, on ; and (xiii) to make an Advance with respect to a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal that is Delinquent from funds held in the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreementas contemplated by Section 5.25, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement provided that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to amount withdrawn for such an Advance is immediately deposited into the Payment Date succeeding the date of such determinationAccount.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Novastar Mortgage Funding Corp)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.03: (i) to remit to the Trust Administrator for deposit in the Distribution Account, on Account the Business Day prior to each Payment Date, an amount equal to the Security Collections amounts required to be distributed on such Payment Dateso remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d); (ii) subject to Section 3.16(d), to reimburse the Servicer for P&I Advances, but only to the extent deposited to the Collection Account, to reimburse itself or of amounts received which represent Late Collections (net of the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Servicing Fees) of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.03; (iii) subject to Section 3.16(d), to pay the Servicer or any Sub-Servicer (A) any unpaid Servicing Fees, (B) any unreimbursed Servicing Advances with respect to itself out each Mortgage Loan, but only to the extent of each payment any Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the Servicer from a Mortgagor, or otherwise received on account with respect to such Mortgage Loan and (C) without limiting any right of interest on withdrawal set forth in clause (vi) below, any Servicing Advances made with respect to a Mortgage Loan as contemplated by Section 3.09that, an amount equal to following the related Servicing Fee (final liquidation of a Mortgage Loan are Nonrecoverable Advances, but only to the extent not retained pursuant that Late Collections, Liquidation Proceeds and Insurance Proceeds received with respect to Section 3.02), and such Mortgage Loan are insufficient to pay to reimburse the Servicer or any Subservicer any Subservicing Fees not previously withheld by the SubservicerSub-Servicer for such Servicing Advances; (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Servicer, the Depositor or the Sponsor, as additional servicing compensation any Foreclosure Profitsthe case may be, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.03 all amounts received thereon subsequent to the date of purchase or substitution, as the case may be; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any P&I Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.03; (vii) to withdraw any other amount deposited in reimburse the Collection Account that was not required Servicer, the Master Servicer or the Depositor for expenses incurred by or reimbursable to be deposited therein the Servicer, the Master Servicer or the Depositor, as the case may be, pursuant to Section 3.026.03; (viii) to pay reimburse the Servicer, the Trust Administrator, the Master Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the Seller purchase obligation under Section 2.03 or Section 2.04 of this Agreement that were included in the amountPurchase Price of the Mortgage Loan, if anyincluding any expenses arising out of the enforcement of the purchase obligation; (ix) to pay itself any Prepayment Interest Excess (to the extent not otherwise retained); (x) to pay, or to reimburse the Servicer for advances in respect of expenses incurred in connection with any Mortgage Loan pursuant to Section 3.16(b); (xi) to clear and terminate the Collection Account pursuant to Section 9.01; and (xii) to withdraw any amounts deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountin error. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (ii), (iii), (iv), (v), (vi), (viii) and (ix) above. Notwithstanding any other provision of this Servicing AgreementThe Servicer shall provide written notification to the Trustee, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 and the Trust Administrator, on or otherwise reimbursable pursuant prior to the terms of this Servicing Agreement that the next succeeding Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (vii) above.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc4)

Withdrawals from the Collection Account. (a) The Servicer shall, from time Trustee shall withdraw or cause to time as provided herein, make withdrawals be withdrawn funds from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit in the On each Distribution Account, on the Business Day prior to each Payment Date, an amount equal to the Security Collections required make distributions and payments to be distributed on such Payment DateCertificateholders pursuant to Section 5.01; (ii) From time to the extent deposited to the Collection Accounttime, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred make investments in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage Loan; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.09, an amount equal to the related Servicing Fee (to the extent not retained pursuant to Section 3.02), Permitted Investments and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited Master Servicer all income and gain earned in the Collection Account to pay to itself as additional servicing compensation any interest respect of Permitted Investments or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (viii) To reimburse the Master Servicer to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profitspermitted by Section 7.03; (viiv) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders as of the date on which the related Purchase Price or Repurchase Price is determined; (vii) to To withdraw any other amount funds deposited in the Collection Account that was were not required to be deposited therein pursuant or were deposited therein in error and to Section 3.02pay such funds to the appropriate Person; (viiiv) to To pay to the Seller party legally entitled by a final order of a court of competent jurisdiction in an insolvency proceeding an amount equal to any preference claim made with respect to amounts paid with respect to the amountHome Equity Loans; provided that, if anyany such amount is later determined not to be a preference by such court of competent jurisdiction and is returned to the Master Servicer or any Servicer, deposited in such amount shall be redeposited into the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansMaster Servicer; and (ixvi) after to clear and terminate the occurrence Collection Account upon the termination of an Amortization Event, this Agreement and to pay any amounts remaining therein to the Seller, Class R Certificateholders. (b) If the Excluded Amount. Since, Master Servicer deposits in connection with withdrawals pursuant the Collection Account any amount not required to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement be deposited therein or credited thereto is limited to collections or any amount in respect of payments by Mortgagors made by checks subsequently returned for insufficient funds or other recoveries on the related Mortgage Loanreason for non-payment, the Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying it may at any withdrawal time withdraw such amount from the Collection Account pursuant to Section 3.03(a)(iv), and any such clauses. Notwithstanding amounts shall not be included in Interest Collections and Principal Collections, any other provision of this Servicing Agreement, the Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant herein to the terms contrary notwithstanding. Any withdrawal or debit permitted by Section 3.03(a) may be accomplished by delivering an Officer's Certificate to the Trustee which describes the purpose of this Servicing Agreement such withdrawal (including, without limitation, that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from such amount was deposited in the Collection Account in error or, in the case of returned checks, that such amounts on deposit therein attributable to were properly debited, respectively). Upon receipt of any such Officer's Certificate, the Mortgage Loans on any Business Day prior to Trustee shall withdraw such amount for the Payment Date succeeding account of the date of such determinationMaster Servicer. All funds deposited by the Master Servicer in the Collection Account shall be held by the Trustee in trust for the Certificateholders, until disbursed in accordance with Section 5.01 or withdrawn or debited in accordance with this Section.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HFC Revolving Corp)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes or as described in Section 4.03: (i) to remit to the Trust Administrator for deposit in the Distribution Account, on Account the Business Day prior to each Payment Date, an amount equal to the Security Collections amounts required to be distributed on such Payment Dateso remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d); (ii) subject to Section 3.16(d), to reimburse the Servicer for P&I Advances, but only to the extent deposited to the Collection Account, to reimburse itself or of amounts received which represent Late Collections (net of the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Servicing Fees) of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances P&I Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.03; (iii) subject to Section 3.16(d), to pay the Servicer or any Sub-Servicer (A) any unpaid Servicing Fees, (B) any unreimbursed Servicing Advances with respect to itself out each Mortgage Loan, but only to the extent of each payment any Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the Servicer from a Mortgagor, or otherwise received on account with respect to such Mortgage Loan and (C) without limiting any right of interest on withdrawal set forth in clause (vi) below, any Servicing Advances made with respect to a Mortgage Loan as contemplated by Section 3.09that, an amount equal to following the related Servicing Fee (final liquidation of a Mortgage Loan are Nonrecoverable Advances, but only to the extent not retained pursuant that Late Collections, Liquidation Proceeds and Insurance Proceeds received with respect to Section 3.02), and such Mortgage Loan are insufficient to pay to reimburse the Servicer or any Subservicer any Subservicing Fees not previously withheld by the SubservicerSub-Servicer for such Servicing Advances; (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Servicer, the Depositor or the Sponsor, as additional servicing compensation any Foreclosure Profitsthe case may be, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.03 all amounts received thereon subsequent to the date of purchase or substitution, as the case may be; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any P&I Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.03; (vii) to withdraw any other amount deposited in reimburse the Collection Account that was not required Servicer, the Master Servicer or the Depositor for expenses incurred by or reimbursable to be deposited therein the Servicer, the Master Servicer or the Depositor, as the case may be, pursuant to Section 3.026.03; (viii) to pay reimburse the Servicer, the Trust Administrator, the Master Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the Seller purchase obligation under Section 2.03 or Section 2.04 of this Agreement that were included in the amountPurchase Price of the Mortgage Loan, if anyincluding any expenses arising out of the enforcement of the purchase obligation; (ix) to pay itself any Prepayment Interest Excess (to the extent not otherwise retained); (x) to pay, or to reimburse the Servicer for advances in respect of expenses incurred in connection with any Mortgage Loan pursuant to Section 3.16(b); (xi) to clear and terminate the Collection Account pursuant to Section 9.01; and (xii) to withdraw any amounts deposited in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amountin error. Since, in connection with withdrawals pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (ii), (iii), (iv), (v), (vi), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Trustee and the Trust Administrator, on or prior to the next succeeding Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (vii) above.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Fx1)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections Available Funds required to be distributed as provided in the Indenture on such a Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04Sections 3.10 or 3.11, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular the related Mortgage Loans (other than any Repurchase Price in respect thereofthereto) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.15, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Bondholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to reimburse the Master Servicer or any Subservicer from Insurance Proceeds or Liquidation Proceeds relating to a particular Mortgage Loan for amounts expended by the Master Servicer or such Subservicer pursuant to Section 3.13 in good faith in connection with the restoration of the related Mortgaged Property which was damaged by the Uninsured Cause or in connection with the liquidation of such Mortgage Loan; (vii) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Subservicing Fee), as appropriate, from Liquidation Proceeds or Insurance Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (iii) of this Subsection 3.07(a) as servicing compensation on account of each defaulted Monthly Payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Stated Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee Rate to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted Monthly Payment shall not exceed the applicable Servicing Fee); (viii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Insurance Proceeds and Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (ix) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (x) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Indenture Trustee Fee and the Derivative Contract Payment Amount; (xi) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixii) to pay the PMI Insurer the premium with respect to the Seller PMI Insurer Policy; (xiii) to pay the amount, if any, deposited Owner Trustee the Owner Trustee Fee; (xiv) to reimburse the Master Servicer for costs associated with the environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.13(e); and (ixxv) after clear and terminate the occurrence Collection Account following a termination of an Amortization Event, the Trust pursuant to pay to Section 8.01 of the Seller, the Excluded AmountTrust Agreement. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances or Servicing Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2005-1)

Withdrawals from the Collection Account. (a) The Master Servicer shall, from time to time as provided herein, make withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 3.06 that are attributable to the Mortgage Loans for the following purposes:purposes (without duplication): (i) to deposit in the Distribution Payment Account, on by the third Business Day prior to each Payment Date, an amount equal to the Security Collections required to be distributed on Payment Account Available Funds for such Payment Date; (ii) to the extent deposited to the Collection Account, to reimburse itself or the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 3.13 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09)Agreement, such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries of the payments for which such advances were made, or from related Liquidation Proceeds or the proceeds of the purchase of such Mortgage LoanProceeds; (iii) to pay to itself out of each payment received on account of interest on a Mortgage Loan as contemplated by Section 3.093.13, an amount equal to the related Master Servicing Fee (to the extent not retained pursuant to Section 3.023.06), and to pay to any Subservicer any Subservicing Fees not previously withheld by the Subservicer; (iv) to the extent deposited in the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, the Master Servicer or other entity, all amounts received thereon and not required to be distributed to Securityholders Noteholders as of the date on which the related Purchase Price or Repurchase Price is determined; (v) to reimburse the Master Servicer or any Subservicer for any Advance of its own funds or any advance of such Subservicer's own funds, the right of the Master Servicer or a Subservicer to reimbursement pursuant to this subclause (v) being limited to amounts received on a particular Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Liquidation Proceeds) which represent late payments or recoveries of the principal of or interest on such Mortgage Loan respecting which such Advance or advance was made; (vi) to pay the Master Servicer or any Subservicer (payment to any Subservicer to be subject to prior payment to the Master Servicer of an amount equal to the Master Servicing Fee), as appropriate, from Liquidation Proceeds received in connection with the liquidation of any Mortgage Loan, the amount which it or such Subservicer would have been entitled to receive under subclause (x) of this Subsection 3.07(a) as servicing compensation on account of each defaulted scheduled payment on such Mortgage Loan if paid in a timely manner by the related Mortgagor, but only to the extent that the aggregate of Liquidation Proceeds with respect to such Mortgage Loan, after any reimbursement to the Master Servicer or any Subservicer, pursuant to other subclauses of this Subsection 3.07(a), exceeds the outstanding Principal Balance of such Mortgage Loan plus accrued and unpaid interest thereon at the related Mortgage Rate less the Servicing Fee to but not including the date of payment (in any event, the amount of servicing compensation received by a Subservicer and the Master Servicer with respect to any defaulted scheduled payment shall not exceed the applicable Servicing Fee); (vii) to reimburse the Master Servicer or any Subservicer for advances of funds pursuant to Article III, the right to reimbursement pursuant to this subclause being limited to amounts received on the related Mortgage Loan (including, for this purpose, the Repurchase Price therefor, Liquidation Proceeds) which represent late recoveries of the payments for which such advances were made; (viii) to reimburse the Master Servicer or any Subservicer for any Nonrecoverable Advance previously made, and not reimbursed pursuant to this Subsection 3.07(a); (ix) to deposit in the Payment Account, by the third Business Day prior to each Payment Date, the Owner Trustee Fee and the Indenture Trustee Fee; (x) to withdraw any other amount deposited in the Collection Account that was not required to be deposited therein pursuant to Section 3.023.06; (viiixi) to pay to reimburse the Seller Master Servicer for costs associated with the amount, if any, deposited environmental report specified in the Collection Account by the Indenture Trustee upon release thereof from the Funding Account representing payments for Additional LoansSection 3.11(c); and (ixxii) after clear and terminate the occurrence of an Amortization Event, Collection Account pursuant to pay to the Seller, the Excluded AmountSection 7.08. Since, in In connection with withdrawals pursuant to clauses (ii), (iii), (iv), (v), (vi), (vii) and (viiviii), the Master Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, and the Master Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account pursuant to such clauses. Notwithstanding any other provision of this Servicing Servi cing Agreement, the Master Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 3.13 or otherwise reimbursable expenses incurred pursuant to the terms of this Servicing Agreement that Agreement, but only to the extent of collections or other recoveries on the related Mortgage Loan. (b) Notwithstanding the provisions of this Section 3.07, the Master Servicer determines may, but is not required to, allow the Subservicers to be otherwise nonrecoverable (except with respect deduct from amounts received by them or from the related account maintained by a Subservicer, prior to deposit in the Collection Account, any Mortgage Loan as portion to which the Repurchase Price has been paid), such Subservicers are entitled as servicing compensation (including income on Eligible Investments) or reimbursement of any reimbursable Advances made by withdrawal from the Collection Account of amounts on deposit therein attributable to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationSubservicers.

Appears in 1 contract

Samples: Servicing Agreement (Impac Secured Assets CMN Trust Series 1998-1)

Withdrawals from the Collection Account. The Servicer shall, from time to time as provided hereintime, make withdrawals from the Collection Account for any of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposespurposes without priority or as described in Section 4.03: (i) to remit to the Trust Administrator for deposit in the Distribution Account, on Account the Business Day prior to each Payment Date, an amount equal to the Security Collections amounts required to be distributed on such Payment Dateso remitted pursuant to Section 3.10(b) or permitted to be so remitted pursuant to the first sentence of Section 3.10(d); (ii) subject to Section 3.16(d), to reimburse the Servicer for Advances, but only to the extent deposited to the Collection Account, to reimburse itself or of amounts received which represent Late Collections (net of the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms Servicing Fees) of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), such withdrawal right being limited to amounts received Monthly Payments on particular Mortgage Loans (other than any Repurchase Price in with respect thereof) which represent late recoveries of the payments for to which such advances Advances were made, or from related Liquidation Proceeds or made in accordance with the proceeds provisions of the purchase of such Mortgage LoanSection 4.03; (iii) subject to Section 3.16(d), to pay the Servicer or any Sub-Servicer (A) any unpaid Servicing Fees, (B) any unreimbursed Servicing Advances with respect to itself out each Mortgage Loan, but only to the extent of each payment any Liquidation Proceeds, Insurance Proceeds or other amounts as may be collected by the Servicer from a Mortgagor, or otherwise received on account with respect to such Mortgage Loan and (C) without limiting any right of interest on withdrawal set forth in clause (vi) below, any Servicing Advances made with respect to a Mortgage Loan as contemplated by Section 3.09that, an amount equal to following the related Servicing Fee (final liquidation of a Mortgage Loan are Nonrecoverable Advances, but only to the extent not retained pursuant that Late Collections, Liquidation Proceeds and Insurance Proceeds received with respect to Section 3.02), and such Mortgage Loan are insufficient to pay to reimburse the Servicer or any Subservicer any Subservicing Fees not previously withheld by the SubservicerSub-Servicer for such Servicing Advances; (iv) to the extent deposited in the Collection Account to pay to itself the Servicer as additional servicing compensation (in addition to the Servicing Fee) on the Servicer Remittance Date any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01Account; (v) to the extent deposited in the Collection Account, to pay to itself the Servicer, the Originator or the Seller, as additional servicing compensation any Foreclosure Profitsthe case may be, with respect to each Mortgage Loan that has previously been purchased or replaced pursuant to Section 2.03 or Section 3.16(c) all amounts received thereon subsequent to the date of purchase or substitution, as the case may be; (vi) to pay to itself or the Seller, with respect to any Mortgage Loan or property acquired in respect thereof that has been purchased or otherwise transferred to the Seller, reimburse the Servicer for any Advance or other entity, all amounts received thereon and not required Servicing Advance previously made which the Servicer has determined to be distributed to Securityholders as a Nonrecoverable Advance or Nonrecoverable Servicing Advance in accordance with the provisions of the date on which the related Purchase Price or Repurchase Price is determinedSection 4.03; (vii) to withdraw any other amount deposited in reimburse the Collection Account that was not required Servicer, the Master Servicer or the Depositor for expenses incurred by or reimbursable to be deposited therein the Servicer, the Master Servicer or the Depositor, as the case may be, pursuant to Section 3.026.03; (viii) to pay reimburse the Servicer, the NIMS Insurer, the Trust Administrator, the Master Servicer or the Trustee, as the case may be, for expenses reasonably incurred in respect of the breach or defect giving rise to the Seller the amount, if any, deposited purchase obligation under Section 2.03 of this Agreement that were included in the Collection Account by Purchase Price of the Indenture Trustee upon release thereof from Mortgage Loan, including any expenses arising out of the Funding Account representing payments enforcement of the purchase obligation; (ix) to pay itself any Prepayment Interest Excess (to the extent not otherwise retained; (x) to pay, or to reimburse the Servicer for Additional Loansadvances in respect of expenses incurred in connection with any Mortgage Loan pursuant to Section 3.16(b); and (ixxi) after to clear and terminate the occurrence of an Amortization Event, to pay to the Seller, the Excluded Amount. Since, in connection with withdrawals Collection Account pursuant to clauses (iii), (iv), (vi) and (vii), the Servicer's entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the Section 9.01. The Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the Collection Account Account, to the extent held by or on behalf of it, pursuant to such clausessubclauses (ii), (iii), (iv), (v), (vi), (viii) and (ix) above. Notwithstanding any other provision of this Servicing Agreement, the The Servicer shall be entitled to reimburse itself for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant provide written notification to the terms of this Servicing Agreement that Trust Administrator and the NIMS Insurer, on or prior to the next succeeding Servicer determines to be otherwise nonrecoverable (except with respect to Remittance Date, upon making any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal withdrawals from the Collection Account of amounts on deposit therein attributable pursuant to the Mortgage Loans on any Business Day prior to the Payment Date succeeding the date of such determinationsubclause (vii) above.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Fre1)

Withdrawals from the Collection Account. The Servicer shallmay, from time to time as provided hereintime, make make, or cause to be made, withdrawals from the Collection Account of amounts on deposit therein pursuant to Section 3.02 that are attributable to the Mortgage Loans for the following purposes: (i) to deposit reimburse itself for Servicing Advances made by it; such right to reimbursement pursuant to this subclause (i) is limited to amounts received on or in respect of a particular HELOC (including, for this purpose, Liquidation Proceeds and amounts representing Insurance Proceeds with respect to the property subject to the related Mortgage) it being understood, in the Distribution Accountcase of any such reimbursement, on that the Business Day Servicer’s or Servicer’s right thereto shall be prior to each Payment Date, an amount equal to the Security Collections required to be distributed on such Payment Daterights of the Securityholders; (ii) to the extent deposited to the Collection Account, to reimburse itself or from Liquidation Proceeds for Liquidation Expenses in good faith in connection with the related Subservicer for previously unreimbursed expenses incurred in maintaining individual insurance policies pursuant to Section 3.04restoration of damaged property and, or Liquidation Expenses, paid pursuant to Section 3.07 or otherwise reimbursable pursuant to the terms of this Servicing Agreement (to the extent not payable pursuant to Section 3.09), that Liquidation Proceeds after such withdrawal right being limited to amounts received on particular Mortgage Loans (other than any Repurchase Price in respect thereof) which represent late recoveries reimbursement exceed the unpaid principal balance of the payments related HELOC, together with accrued and unpaid interest thereon at the applicable Loan Rate less the applicable Servicing Fee Rate for which such advances were made, or from related Liquidation Proceeds or HELOC to the proceeds Due Date next succeeding the date of the purchase its receipt of such Mortgage Loan; (iii) Liquidation Proceeds, to pay to itself out of each such excess the amount of any unpaid assumption fees, late payment received charges or other Mortgagor charges on account the related HELOC and to retain any excess remaining thereafter as additional servicing compensation, it being understood, in the case of interest on a Mortgage Loan as contemplated by Section 3.09any such reimbursement or payment, an amount equal that the Servicer’s right thereto shall be prior to the related Servicing Fee (to rights of the extent not retained pursuant to Section 3.02), and to pay to any Subservicer any Subservicing Fees not previously withheld by the SubservicerSecurityholders; (iviii) pay to the extent deposited in Depositor, the Collection Account to pay to itself as additional servicing compensation any interest or investment income earned on funds deposited in the Collection Account and Payment Account that it is entitled to withdraw pursuant to Sections 3.02(b) and 5.01; (v) to the extent deposited in the Collection Account, to pay to itself as additional servicing compensation any Foreclosure Profits; (vi) to pay to itself Seller or the SellerOriginator, as applicable, with respect to any Mortgage Loan each HELOC or property REO Property acquired in respect thereof that has been purchased or otherwise transferred pursuant to the Seller, the Servicer or other entitythis Agreement, all amounts received thereon and not required to be distributed to Securityholders as of on the date on which the related Purchase Price repurchase was effected, and to pay to the applicable Person any Servicing Advances to the extent specified in the definition of Repurchase Price; (iv) subject to Section 6.01, to pay to itself income earned on the investment of funds deposited in the Collection Account; (v) on each Remittance Date, to make payment to the Indenture Trustee for deposit into the Payment Account of the remittance amount for the related Payment Date; (vi) to make payment to itself, the Indenture Trustee, the Custodian, the Administrator and others pursuant to any provision of this Agreement, the Indenture, the Custodial Agreement or Repurchase Price is determinedthe Administration Agreement; (vii) to withdraw any other amount funds deposited in error in the Collection Account that was not required to be deposited therein pursuant to Section 3.02Account; (viii) to pay to the Seller the amount, if any, deposited in clear and terminate the Collection Account pursuant to Section 7.10; (ix) to reimburse a successor servicer (solely in its capacity as successor servicer), for any fee, expense or advance occasioned by a termination of the Servicer, and the assumption of such duties by the Indenture Trustee upon release thereof from or a successor Servicer appointed by the Funding Account representing payments for Additional Loans; and (ix) after the occurrence of an Amortization EventIndenture Trustee pursuant to Section 6.01, to pay in each case to the Sellerextent not reimbursed by the terminated Servicer, the Excluded Amount. Sinceit being understood, in the case of any such reimbursement or payment, that the right of such successor Servicer or the Indenture Trustee to be reimbursed thereto shall be prior to the rights of the Securityholders. In connection with withdrawals pursuant to clauses subclauses (iiii), (iv), (viii) and (vii)iv) above, the Servicer's ’s, or such other Person’s entitlement thereto is limited to collections or other recoveries on the related Mortgage Loan, the HELOC. The Servicer shall therefore keep and maintain a separate accounting, on a Mortgage Loan by Mortgage Loan basis, accounting for each HELOC it services for the purpose of justifying any withdrawal from the Collection Account it maintains pursuant to such clausessubclause (i), (ii) and iv). Notwithstanding any other provision of this Servicing Agreement, On each Remittance Date the Servicer shall be entitled to reimburse itself withdraw the remittance amount for any previously unreimbursed expenses incurred pursuant to Section 3.07 or otherwise reimbursable pursuant the related Payment Date and remit such amount to the terms of this Servicing Agreement that the Servicer determines to be otherwise nonrecoverable (except with respect to any Mortgage Loan as to which the Repurchase Price has been paid), by withdrawal from the Collection Account of amounts on Indenture Trustee for deposit therein attributable to the Mortgage Loans on any Business Day prior to into the Payment Date succeeding the date of such determinationAccount.

Appears in 1 contract

Samples: Sale and Servicing Agreement (GSR Trust 2005-Hel1)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!